Expert testimony in child sexual abuse trials: the admissibility of psychological science

Borgida, Eugene

doi:10.1002/(sici)1099-0720(199712)11:7<s105::aid-acp529>3.0.co;2-#

Cited by 30 publications

(21 citation statements)

References 54 publications

(36 reference statements)

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“…Other researchers have measured expert and juror knowledge about psychological phenomena (see, e.g. Frazier & Borgida, 1988;Kassin, Ellsworth, & Smith, 1989;Kovera & Borgida, 1997;Morison & Greene, 1992). Those surveys contained statements describing findings in a particular area of social scientific inquiry.…”

Section: Measurement Of Expert and Juror Knowledgementioning

confidence: 99%

Estimating the effects of misleading information on witness accuracy: can experts tell jurors something they don't already know?

McAuliff

2006

Applied Cognitive Psychology

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This study investigated potential differences between expert and lay knowledge of factors influencing witness suggestibility. Expert psychologists (N ¼ 58), jurors (N ¼ 157), and jury-eligible undergraduates (N ¼ 220) estimated the effects of misleading information on witness accuracy for three age groups in various conditions. Respondents possessed similar knowledge of age-related trends in suggestibility, the positive effects of a pre-misinformation warning, and the negative influence of longer delays between the event/misinformation and event/final memory test. Compared to experts, laypeople underestimated the size of suggestibility differences between age groups and lacked knowledge about how event detail centrality, witness participation, and source prestige can increase witness suggestibility. Laypeople rated themselves as being largely unfamiliar with witness suggestibility research and thought that expert testimony would be beneficial. These data shed light on the potential helpfulness of expert testimony in cases involving witness suggestibility.

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Section: Measurement Of Expert and Juror Knowledgementioning

confidence: 99%

Estimating the effects of misleading information on witness accuracy: can experts tell jurors something they don't already know?

McAuliff

2006

Applied Cognitive Psychology

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“…Nonetheless, there are no published data on the nature and extent of beliefs and misconceptions held by members of the Australian public about child sexual abuse, children's memory and suggestibility. By comparison, several overseas studies have documented the misconceptions held by jurors and laypeople about children's responses to sexual abuse and their suggestibility as witnesses (Calvert & Munsie-Benson, 1999;Kovera & Borgida, 1997;Morison & Greene, 1992;Quas, Thompson, & Clarke-Stewart, 2005).…”

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confidence: 99%

“…A subsequent study compared knowledge of children's reactions to, and disclosure of, abuse among college students, community members, and child sexual abuse experts (Kovera & Borgida, 1997). The views of students and community members were similar to those of the experts on a number of key issues about CSA cases.…”

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confidence: 99%

Uncertainty and Misconceptions About Child Sexual Abuse: Implications for the Criminal Justice System

Cossins

Goodman‐Delahunty

O’Brien

2009

Psychiatry, Psychology and Law

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Recent amendments to the uniform evidence legislation in Australia mean that it will be possible for prosecutors to call expert opinion evidence to bolster the credibility of child complainants in child sexual assault (CSA) trials. Yet little is known about the extent of the common beliefs and misconceptions in the Australian population about child sexual abuse and the degree of discord between their beliefs and what the research literature shows. A survey investigated the knowledge and misconceptions of 659 laypeople about children's memory, reliability, suggestibility and children's responses to sexual abuse, and explored demographic differences in child sexual abuse misconceptions in an Australian jury-eligible sample. Reported here are the first published results on the perceptions and beliefs of Australian citizens regarding factors that influence the outcomes in CSA cases. An important contribution was significant findings of extensive uncertainty regarding these topics. Results showed that gender, age and educational attainment were associated with the endorsement of misconceptions about CSA cases. Topics that expert evidence can address to remedy these knowledge deficits were identified.

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“…These findings suggest that adults may construe overt signs and manifestations in the relationship between a child and an alleged perpetrator as indicative of whether abuse has taken place. Consistent with this view is the finding by Kovera and Borgida (1997) that 14 per cent of student and community samples did not believe that if a parent has sexually abused a child the child would still show love for that parent.…”

Section: Adult Perceptions and Beliefs Regarding How Victims Of Childmentioning

confidence: 98%

How Child Victims Respond to Perpetrators of Sexual Abuse

Shackel

2009

Psychiatry, Psychology and Law

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This article reviews the findings of psychological research on how sexually victimised children ''typically'' respond to the offender and compares the findings of this research to generally held adult expectations of child victim's behaviour. This analysis reveals that adult expectations of child victims' responses are often inconsistent with the findings of relevant empirical research. This suggests that many adults, despite a greater societal awareness and understanding of child sexual abuse generally, may still continue to be poorly informed about the behaviour of sexually abused children and the underlying dynamics of such abuse. Consequently, in a forensic context, decisionmakers in child sexual assault cases may unfairly rely on misconceived beliefs about how child victims respond to sexual abuse in evaluating such cases.

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Expert testimony in child sexual abuse trials: the admissibility of psychological science

Cited by 30 publications

References 54 publications

Estimating the effects of misleading information on witness accuracy: can experts tell jurors something they don't already know?

Estimating the effects of misleading information on witness accuracy: can experts tell jurors something they don't already know?

Uncertainty and Misconceptions About Child Sexual Abuse: Implications for the Criminal Justice System

How Child Victims Respond to Perpetrators of Sexual Abuse

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