Mock juror's perceptions of a child witness passing or failing a truth and lies discussion or promising to tell the truth

Abstract

This study examined the effect of a child passing or failing the UK truth and lies discussion (TLD) compared with the Canadian promise to tell the truth on mock jurors' decisions regarding witness credibility and truthfulness and defendant guilt. 92 participants read a vignette that described a child witnessing his father physically attacking his mother.The vignette was manipulated for witness age (age 4 years and age 8 years) and TLD performance/promise. Supporting the hypotheses, participants rated the witness's credibility and truthfulness significantly higher after a witness passed a TLD and after promising to tell the truth. The age of the child witness did not significantly affect jurors' decision making.The results are discussed in relation to arguments regarding the abolition of the UK's TLD in favour of introducing a promise to tell the truth.

Police officers' perceptions and experiences of promoting honesty in child victims and witnesses

“…Our findings echoed researchers' worries about the impact that children's performance on a TLD has on their perceived credibility in court (Lyon et al., 2008; O'Connell et al., 2020; Westcott & Kynan, 2006). Our participants' experiences of communicating a child's TLD performance to the court demonstrated that the testimonies of children who fail to evidence an understanding of truths and lies could be perceived as untrustworthy.…”

“…Researchers and psychologists have extensively studied the optimum conditions that assist vulnerable victims and witnesses, including children, in providing their best evidence (during police interviews and in the courtroom). In the UK, the "Achieving Best Evidence in Criminal Proceedings" guidance, also referred to as ABE guidance, was created as a safeguard to protect vulnerable witnesses (Ministry of Justice, 2022). This investigative protocol recommends that police officers end the rapport-building phase of interviews with a Truth-Lies Discussion (TLD) involving narratives suited to the child's age.…”

“…The aim of a TLD is to assess a child's conceptual understanding of the difference between truths and lies, to emphasise the importance of telling the truth and to serve as a reminder of the consequences of lying (O'Connell et al, 2020). In the UK, children cannot be asked to swear an oath, so TLDs also help relay to the court that a child has been made aware of the importance of telling the truth and is competent to testify (Lyon, 2011;Ministry of Justice, 2022). The underlying assumption is that children who understand the difference between truths and lies and who appreciate the consequences of lying, will provide a truthful and accurate statement.…”

“…The underlying assumption is that children who understand the difference between truths and lies and who appreciate the consequences of lying, will provide a truthful and accurate statement. See Appendix 1 for an example of a script for a TLD as recommended in the ABE guidance (Ministry of Justice, 2022).…”

“…This investigative protocol recommends that police officers end the rapport‐building phase of interviews with a Truth‐Lies Discussion (TLD) involving narratives suited to the child's age. The aim of a TLD is to assess a child's conceptual understanding of the difference between truths and lies, to emphasise the importance of telling the truth and to serve as a reminder of the consequences of lying (O'Connell et al., 2020). In the UK, children cannot be asked to swear an oath, so TLDs also help relay to the court that a child has been made aware of the importance of telling the truth and is competent to testify (Lyon, 2011; Ministry of Justice, 2022).…”