The success of witness interviews in the criminal justice system depends on the accuracy of information obtained, which is a function of both amount and quality of information. Attempts to enhance witness retrieval such as mental reinstatement of context have been designed with typically developed adults in mind. In this paper, the relative benefits of mental and sketch reinstatement mnemonics are explored with both typically developing children and children with autism. Children watched a crime event video, and their retrieval of event information was examined in free and probed recall phases of a cognitive interview. As expected, typically developing children recalled more correct information of all types than children with autism during free and probed recall phases.Sketching during free recall was more beneficial for both groups in both phases in reducing the amount of incorrect items, but the relative effect of sketching on enhancing retrieval accuracy was greater for children with autism. The results indicate the benefits of choosing retrieval mnemonics that are sensitive to the specific impairments of autistic individuals, and suggest that retrieval accuracy during interviews can be enhanced, in some cases to the same level as that of typically developing individuals.
Vulnerable witnesses (e.g. children and adults with communication impairment) face many barriers to testifying and achieving justice when participating in the criminal justice system. To date, reforms have been implemented in Australia to address these, yet the barriers remain. Several other countries have implemented an intermediary scheme, whereby an independent third party assists vulnerable witnesses to understand the questions and processes encountered during interviews and trials, and helps witnesses to be understood. This study provides a qualitative analysis of stakeholders' (N ¼ 25 professionals) perceptions regarding the potential benefits of implementing an intermediary scheme in Australia. While all participants demonstrated an open-minded attitude to new reform in this area, their perspectives did not support the introduction of an intermediary scheme at this time. Stakeholders highlighted the need for improved use and effectiveness of current measures, and expressed concern about adding further complication to the system.Vulnerable witnesses, such as children or people with a physical, cognitive, social or communication impairment, face many barriers when accessing the criminal justice system. These difficulties have been well-articulated in previous research.
Since 2004, witness intermediaries have been utilised across the justice system in England and Wales. Two witness intermediary schemes based on the English model have also been introduced in Northern Ireland (2013), and more recently, in New South Wales, Australia (2016). The purpose of the intermediary in these jurisdictions is to facilitate the questioning of vulnerable witnesses, but there are clear differences in the application of the role. This paper presents the first comparative review of the three related intermediary models, and highlights the pressing need for further research into the efficacy and development of the role in practice.
Rebecca and Bull, Ray (2018) One step forward and two steps back? The '20 Principles' for questioning vulnerable witnesses and the lack of an evidence-based approach. The International Journal of Evidence & Proof, 22 (4). pp. 392-410.
Attempts to enhance episodic retrieval focus largely on verbal strategies which do not always address the limited or impaired free recall ability of vulnerable witnesses. Asking a witness to draw while recalling episodic information has long been deemed an effective method of improving communication and cognitive performance. Thus far, research has revealed these effects within laboratory settings but with scarce attention paid to real-life interview practice. In this paper, we explore police officers' and Registered Intermediaries' use of drawing during investigative interviews with vulnerable witnesses. A sample of specialist practitioners (n=85), comprising of vulnerable witness interviewing police officers (n=50) and Registered Intermediaries (n=35) completed a self-report questionnaire. As expected, frequent use of drawing was reported by both practitioner groups, and there was a positive correlation between reported use and perceived effectiveness. There were similarities between groups in reported techniques employed when using drawing, but some differences were apparent and these were attributed to the differing functions in police and Registered Intermediary roles. Overall, a consensus between empirical research and practice is evident, but these findings warrant further exploration in order to establish whether such practice is widespread .
Recently, Henry et al. (J Autism Dev Disord 8:2348-2362, 2017) found no evidence for the use of Verbal Labels, Sketch Reinstatement of Context and Registered Intermediaries by forensic practitioners when interviewing children with a diagnosis of autism spectrum disorder. We consider their claims, noting the limited ecological validity of the experimental paradigm, the impacts of repeated interviewing where retrieval support is not provided at first retrieval, question the interviewer/intermediary training and their population relevant experience, and comment on the suppression of population variances. We submit that rejecting these techniques on the basis of this study is completely unwarranted and potentially damaging, particularly if used in legal proceedings to undermine the value of testimony from children with ASD, who continually struggle to gain access to justice.
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