The Forensic Interviewer at Trial Strategies for Defending the Interview in Court

Forensic Interviewers: Possible Areas of Expertise Child development, cognitive, emotional, physical. Child development, cognitive, emotional, physical. Linguistics. Linguistics. Psychology/Abnormal psychology. Psychology/Abnormal psychology. Child Sex Abuse Accommodation Syndrome. Child Sex Abuse Accommodation Syndrome. PTSD. PTSD. Forensic Interviewing. Forensic Interviewing.

Preparing the Prosecutor- What Lawyers Should Know Suggestibility of children. Suggestibility of children. Jeopardy in the Courtroom. Jeopardy in the Courtroom. Ceci and Bruck research. Ceci and Bruck research. Historical trends with regard to child witnesses. Historical trends with regard to child witnesses. Defense discrediting strategies. Defense discrediting strategies.

Defense Strategies The “Common Sense” argument that a child would certainly report abuse immediately. The “Common Sense” argument that a child would certainly report abuse immediately. Moms put this in their kids’ heads to gain a custody advantage (PAS). Moms put this in their kids’ heads to gain a custody advantage (PAS). Children frequently lie about sexual abuse. Children frequently lie about sexual abuse.

What Prosecutors Can Elicit from Interviewers We avoid pre-fixed notions of what happened. We avoid pre-fixed notions of what happened. We explore alternative hypotheses. We explore alternative hypotheses. We don’t put the entire burden of the case on the child. We don’t put the entire burden of the case on the child. We acknowledge that even young children can lie. We acknowledge that even young children can lie. We acknowledge that very young children are much more suggestible than older ones (by 10, kids are no more suggestible than adults). We acknowledge that very young children are much more suggestible than older ones (by 10, kids are no more suggestible than adults).

What Interviewers Can Offer on Direct Examination Specifics as to a particular interview. Specifics as to a particular interview. Usually as a fact witness. Usually as a fact witness. Involves Hearsay exceptions if the child is quoted for evidentiary purposes. Involves Hearsay exceptions if the child is quoted for evidentiary purposes. Generally regarding techniques, protocol, or background. Generally regarding techniques, protocol, or background. Usually from an interviewer not familiar with the case. Usually from an interviewer not familiar with the case. Often as an expert. Often as an expert.

Direct Examination of the Forensic Interviewer Prosecutors must consider: Prosecutors must consider: Witness Order. Witness Order. Interviewers can testify before a strong child witness, or last if the child is less than strong. Interviewers can testify before a strong child witness, or last if the child is less than strong. Crawford Issues. Crawford Issues. Is the interview testimonial? Is the interview testimonial? Will the child testify? Will the child testify? Is the defendant stopped from raising Crawford protections? Is the defendant stopped from raising Crawford protections?

Preparing for Cross Examination Know, live, follow and be able to quote your protocol! Know, live, follow and be able to quote your protocol! Make sure everything is meticulously documented. Make sure everything is meticulously documented. Prepare for cross beforehand with the prosecutor. Prepare for cross beforehand with the prosecutor. Remember redirect! Remember redirect!

Combating Defense Arguments Raised on Cross Interviewers can: Interviewers can: Concede that no perfect interview exists, but that a painstaking and well researched and practiced protocol, meticulously followed, produces truthful reports almost all the time. Concede that no perfect interview exists, but that a painstaking and well researched and practiced protocol, meticulously followed, produces truthful reports almost all the time. Ask that the interview be seen as a whole- do not allow aspects of the interview to be taken out of context. Ask that the interview be seen as a whole- do not allow aspects of the interview to be taken out of context. Stress things like sensory detail and age- inappropriate language that build credibility. Stress things like sensory detail and age- inappropriate language that build credibility.

Final Points to Consider Defense attorneys will look for bias- keep it in check! Defense attorneys will look for bias- keep it in check! Accentuate the positive- point out times when the child: Accentuate the positive- point out times when the child: Corrected the interviewer. Corrected the interviewer. Remembered explicit detail or displayed age- inappropriate knowledge of sex, etc. Remembered explicit detail or displayed age- inappropriate knowledge of sex, etc. Expressed ambivalence or affection toward the perpetrator. Expressed ambivalence or affection toward the perpetrator. Goes to the child’s lack of incentive to lie, make up a story. Goes to the child’s lack of incentive to lie, make up a story.

Final Points (cont.) Watch terminology and word choice. Watch terminology and word choice. Avoid ‘story’ for the child’s recitation of events. Avoid ‘story’ for the child’s recitation of events. Be consistent with word choice in describing anything as an expert. Be consistent with word choice in describing anything as an expert. Don’t be defensive even when justified- let the protocol speak for itself. Don’t be defensive even when justified- let the protocol speak for itself. Don’t waiver once you’ve reached a conclusion- stay polite but firm on cross. Don’t waiver once you’ve reached a conclusion- stay polite but firm on cross. Prepare for direct, cross and redirect pretrial with the prosecutor! Prepare for direct, cross and redirect pretrial with the prosecutor!