can you explain the interview? - 700 words

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WryylW2017

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From Chapter 7, find the heading on The Interview Process and give an

overview of the most important features of the interview process. Be certain to explain which features

of the interview are most popular, successful/least successful, and most problematic

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Chapter 7 . Prote 162 INTERVIEWING procon judgment of the Once any professional suspects that a child has been a victim of abuse, the interview is conducted, and the motives of the interviewer could have a direct impact vention. All professionals must keep in mind that their actions will be reviewed and others who have not had their training or expertise. This review or and the interview of the child victim occurs in court and is conducted by both the prosecute the attorney representing the person accused of abusing the child. occu is th ceed on 1 the reca ber The Interview Process acc th ins wl ch th b a T with the victim before trial. 1 During the 1970s and 1980s, a common defense tactic was to attack the child's credible inferring or stating that the child was lying about the incidents. When dealing with child mind. Older children were accused of being spiteful and seeking revenge for real or image under the age of seven, these attacks centered on the child's inability to remember specifiche distinguish between truth and falsehoods, and the intermingling of fact and fantasy in the discipline by the parents. Soon, however, defense attorneys began to realize that jurors and cases in which children engaged in lying regarding incidents of physical or sexual abuse. were capable of evaluating the truthfulness of children, and for the most part there were ver result of this almost universal acceptance of the credibility and lack of bias on the part of children the defense establishment moved from attacking the child directly to attacking those who intima Today, one of the most commonly raised issues in child abuse cases is the validity of ou memories have been planted in impressionable young minds. The interviewer is accused of a court interviews with the victim. Charges are levied against professionals that suggestions biased and unprofessional. Defense attorneys will further claim that the interviewer has bra washed or tainted the recollection of the child, and therefore that the victim's testimony shodli considered untrustworthy. 13 The fact that defense attorneys and others may second-guess an interviewer's profisins ism should not deter those charged with safeguarding victims of abuse from carrying out duties. However, all professionals must be aware of the possibility of these accusations being ied against them and conduct the interview in an unbiased manner. Interviews with victim abuse should not be dreaded; rather, they must be approached with the understanding that ultimate goal is safeguarding the child. As any professional knows, children are not small adults. They have different perception abilities, and needs than adults. Understanding how children react to events is critical in condi ing a valid interview. recall the incident or incidents. Scholars and professionals generally accept that childrenbi One of the most important aspects of interviewing child abuse victims is their abili ability to recall events and relate details concerning those events. 4 Although there is some del remember the substance of the event, if not all the details.15 Children's memory can be classified into two types: recognition and free recall. Reap was first perceived at an earlier time. For example, showing a child a photographic liner having the child identify the perpetrator is a form of recognition memory. Free recall me 14 an 16 Chapter 7 . 18 Professionals and Their Response to Child Abuse 163 occurs when the child can recollect the event without the aid of cues or other assistance. This is the most complex form of memory. This type of memory is used most often in court pro- on this night?” would trigger free recall. These types of questions do not prompt or cue Researchers have determined that when children are asked questions that prompt free recall memory, they relate fewer details than adults. Although the information they do remem- ber is as accurate as that from adults, it is not as detailed 19 And even though children may be as accurate as adults in recalling recent events, their memories fade faster on points of detail than those of adults. This is especially the case with very young children 20 Most interviews are not conducted in a random manner. There is usually a reason for talk- why the child is acting in a certain manner, or in response to a request for assistance from the ing with the child. It may be part of a normal medical interview, a discussion at school regarding child. Professionals conducting interviews should have as much information as possible prior to Simply having this information does not prejudice the interviewer. In fact, an argument can be made that, armed with this information, the person conducting the interview is able to ask questions in such a manner as to avoid making suggestions or improperly influencing the child. The type of questions asked of child abuse victims is a critical aspect of the interview. mation from the victim in a variety of ways. This may require that questions be posed in different forms, and there are several types of questions that may be used in any interview of an abused child. These questions range from open-ended to coercive. From a legal perspective, the most acceptable form of questioning of an abused child is the interview. 21 Depending on the dynamics of the interview, the professional may attempt to gain infor- using open-ended questions. An open-ended question does not suggest or imply an answer. Examples of open-ended questions are “Did anything happen to you?” “Were you doing any- thing?" and "Where was your daddy?” After receiving certain information from the victim, the interviewer will need to obtain more specific facts. Often focused questions are used when this need arises. A focused question narrows the scope of inquiry and requires the witness to answer within certain parameters. Examples of focused questions are (after establishing that the father entered the child's bedroom) “When your daddy walked into the room, what did he do?" (after the child states that he was hurt at a particular time) “On the morning you were hurt, where was your mother?" and (when the child has indicated that the father touched her genitals) “Did your daddy say anything before he touched you?” A leading question is one that suggests the answer to the witness. It is a question that includes the desired reply within it, or it may be a statement posed to the witness under the guise of being a question. The rationale behind prohibiting leading questions is to remove the ability of the interviewer to suggest answers to the victim. Examples of leading questions are “Your daddy touched your private parts , didn't he?” “Did your mother hit you every day when she drank? and “Is it true that you saw your brother being hit by your mother?" The final form of questioning involves the use of coercive questions. Coercive questions promise rewards or threaten punishment for certain answers. Coercive questions should never be used when interviewing children. They are normally employed in court with a hostile witness An example of coercive questions is "Are you aware that telling a lie is considered perjury and subjects you to criminal sanctions?" Chapter 7 • Professionals and Their Response to Child Abuse 164 way, but one of the most Once a professional interviews the child, the process has just begun. There will be cal interviews is that conducted by the prosecuting attorney. This final prefiling interview interviews and other persons who interact with the child along the case. This interview is conducted in the same manner as other interviews, and its goal is to determine whether the prosecutor believes there is sufficient evidence to go forward with the prosecutor to determine the competency and credibility of the victim and how the padangos be used when inte As the previous discussion illustrates, different types of questions may appropriate than a focused question. This will depend on the dynamics of the interview, them viewing child abuse victims. No clear-cut rule exists as to when an of the child, the trauma of the incident, and the experience of the interviewer. What is clearista all interviewers must guard against influencing or suggesting certain answers or stories to be child. They must be prepared to explain why they chose certain questions over others and wiha or and e offers into t jury will react to the child's testimony. open-ended 1. 2. 3. question is man their purpose or intent was when they used those questions. Evidentiary Issues Knowledge of the rules of evidence and what courts consider important will assist the protes. certain legal and procedural aspects of questioning witnesses and using their responses should HEARSAY. Hearsay is one of the simplest and most complex subjects in the area of evidence Numerous textbooks, articles, and treatises have been written about it, dealing with the be discussed. nuances Focus p le Interviewing Children "often acquiesce to what the adult says because Excerpts from (children] put so much trust in what adults think People v. Michael Luis Grant and what adults say." The child may then incorpo- 2012 WL 1437453 (Cal.App. 6 Dist. 2012) rate that false or misleading information into the Dr. Abbott testified that open-ended questions are child's memory of the events. Repeating the same better for eliciting information from children. question to a child also raises an issue." Typical) Research shows that "yes" or "no" questions tend when children are asked the same question more to lead to more errors with respect to the informa- than once in an interview, there is a tendency to tion that is provided because children tend to sim- them to interpret the repeat question as the ply answer "yes" or "no" rather than providing more detailed information. Moreover, to the extent answer being wrong to the earlier question." Thus the "yes" or "no" question contains false informa- the information provided by the child to the repeal tion, "it increases the probability of a child assent- question may be inaccurate. False information mai ing to false or misleading information that may be also be provided by a child due to "negative ste reotyping." If the interviewer or another person related to the child provides negative information ing questions coming from adults than from other on their recall of the event with false information children. Even if the information conflicts with the consistent with the negative stereotype that being presented about the suspect." contained in the question." In addition, children are generally more susceptible to coaching or lead- child's recollection of the event, the child will Chapter 7 . Professionals and Their Response to Child Abuse 23 her ti 165 he offered in court for the truth of the matter stated. This definition can be broken down further and exceptions to the hearsay rule. Simply stated, hearsay is any out-of-court statement that is into three distinct areas: 1. Any out-of-court statement 2. Offered in court 3. For the truth of the matter stated or e e 을 Any out-of-court statement: These may be statements made by the victim or the suspect. For example, the child may have told a nurse in a hospital emergency room, "My daddy hurt me.” When the nurse attempts to repeat or testify to the statement in court, she is stat- ing something that occurred outside the presence of the judge and jury. Thus, any state- ment that is made outside the courtroom agrees with this element of the hearsay rule. Offered in court: The second element of the hearsay rule requires that the out-of-court statement be offered as testimony or evidence in a court proceeding. In the previous exam- ple, if the nurse were to repeat the statement to a police officer who responded to the call for assistance at the emergency room, simply telling the officer what the child said would not be hearsay because the repeating of the statement did not occur in court. For the truth of the matter stated: The statement when offered in court must be offered as true. In other words, it is not offered for any other reason than to show that the child stated, "My daddy hurt me? If it is offered for any other reason, the final element of the hearsay rule has not been satisfied. This might be the situation in which the statement is offered to show that the officer had probable cause to arrest the suspect and not to show that the child was in fact molested or abused. For a statement to be objectionable on hearsay grounds, all three of these elements must be present. Courts have traditionally been reluctant to admit out-of-court statements because they Tacked reliability, and many times offering such a statement in court denied the defendant the opportunity to confront and cross-examine the person who made the statement. In addition, because these statements were not made under oath, there was a judicial inclination not to accept them as trustworthy. Some commentators argue that the hearsay rule has been consumed by the number of excep- tions written into statutes by legislatures. These exceptions allow certain types of out-of-court statements to be admitted as truthful. The major exceptions to the hearsay rule that are of interest to professionals dealing with family violence are the following: 1. Excited utterance 2. Admissions 3. Declarations against interest 4. State of mind 5. Statements made to medical professionals 6. Statements made by victims of abuse Excited utterance: Excited utterances are also known as spontaneous declarations. An excited utterance is a statement made whenever a person is excited or under stress as a result of a traumatic event. Many of us have hit our hand with a hammer and without any conscious effort uttered a curse word or two. These curse words were not planned or thought out; they just happened as a result of the pain we suffered when the hammer struck Chapter 7 . Professionals and Their Response to Child Abuse 166 Focus ou sta ab The Prosecution's Interview ex st i. "How were you feeling?" u to tl A a I The following are guidelines followed by prosecu- tors when interviewing children who have been sexually abused. 1. Be yourself. 2. Introduce yourself, tell the child your name, and ask the child his name and whether he has a nickname. 3. Demonstrate a genuine interest in the child by inquiring about the child's interests, fam- ily and friends, school, pets, and so on. 4. Find out whether the child knows why she is there to see you. Explain who you are and what you do in simple terms. Let her know you have talked to other children who have had similar things happened to them. 5. Find out from the child what he thinks should happen to the suspect. Does the child love or hate the suspect? The child's feelings toward the suspect will enable you to better assess the case. 6. Determine the child's capacity for under- standing “telling the truth." a. “Do you know the difference between right and wrong?" b. “Do you know what it is to tell a lie?" C. "If I said it was Christmas today, would that be a truth or a lie?" d. "What happens when you lie?" e. "Do you promise to tell me only things that really happened?" 7. Use open-ended questions. Do not lead e. "How/when did it start?" f. "What happened next?" g. "What did he/she touch you with?" h. "Where did he/she touch you?" j. "What did he/she say?" k. "Who was the first person you told" 8. Do not use accusatory questions when inte viewing the child. a. "Why didn't you tell someone light away?" b. "Why did you let this go on?" C. "You should have told Mommy. Tell me why you didn't. Don't you trust her?" 9. Remember that children can be very literal and think in concrete terms. 10. If you sense that the child is fearful, confront her fears. 11. Remember that abused children are guilt rio- den and feel that they are somehow respon sible for what had happened to them. Relieve the guilt of the child. Tell the child that he did nothing wrong and won't get in trouble for telling. Tell them that it is not your job or their job to punish the defen dant; that is the job of the judge. 12. Let the child draw pictures or play with dolls (See the discussion of the use of anatomical dolls later in this chapter.) Some children find it easier to answer more difficult ques- tions when it appears that they are occupied with other things. 13. Show the child the courtroom. Introduce him to the staff. Let him go up to the witness stand and play with the micro phone if he wishes. Make him comfortable in this environment. 14. End the interview by thanking the child for helping you understand what had hap- pened. Do not mislead the child about the the child. Never confront the child. Instead, ask the child to explain her statement in more detail. Let the interview flow on the child's level. a. "Can you tell me what happened?" b. "Have you ever been touched in a way that made you feel funny or uncomfort- able?" C. "What kind of touching was it?" d. "Who touched you?" judicial process. Source: Based on Susan Etezadi, "Interviewing and Preparing the Child Witness for Court," Introduction to Sexta Assault Prosecution (California District Attorneys Association, Sacramento, 1991).
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Anonymous
Excellent resource! Really helped me get the gist of things.

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