The negative effect of cross-examination style questioning on children's accuracy: older children are not immune

Abstract

We present data suggesting that the negative effect of cross-examination style questioning on children's accuracy is not limited to young children. Using an identical paradigm to that used with 5-and 6-year-olds by Zajac and Hayne in 2003, we examined the effect of cross-examination style questioning on 9-and 10-year-olds' accounts of a prior staged event. Like younger children, 9-and 10-year-old children made frequent changes to their original responses during cross-examination style questioning. Although 9-and 10-year-old children were more likely to change incorrect responses than correct ones, they nonetheless changed over 40% of their correct responses, and cross-examination still exerted a significant negative effect on their overall accuracy levels. The present findings suggest that although older children appear to be somewhat less vulnerable to crossexamination style questioning, they are still not immune to the negative effects of this process on the accuracy of their reports.

Cross-Examination of Sexual Assault Complainants: A Developmental Comparison

“…Overall, cross-examination-style questioning significantly decreased the accuracy of children's reports, to a point where accuracy scores during the cross-examination interview did not differ significantly from 50%. Similar findings have since been obtained in a sample of older children (9-and 10-year-olds; Zajac & Hayne, 2006), when the delay between the memory event and cross-examination is decreased (Righarts, Zajac, & Hayne, 2008), and using a more conservative scheme to code changes to earlier testimony (Righarts et al, 2008).…”

“…Recent laboratory research has suggested that cross-examination of children does not reliably uncover the truth. In fact, when interviewed using crossexamination-style questions, children frequently make changes directed away from the truth, resulting in dramatically decreased accuracy levels (Righarts et al, 2008;, 2006.…”

Child maltreatment victims' attitudes about appearing in dependency and criminal courts

“…Moreover, cross-examination, which is typically a particularly anxietyprovoking forum for answering questions, reduces the accuracy of children's testimony (Zajac & Hayne, 2003, 2006. Children's negative feelings about answering questions in the courtroom might be decreased by programs developed to help children navigate the legal process (Nathanson, 2014).…”

Cognition and the Child Witness: Understanding the Impact of Cognitive Development in Forensic Contexts

“…This is because they often change answers in response to cross-examination -both their correct and their incorrect direct examination answers (Zajac & Hayne, 2003;Zajac, Jury, & O'Neill, 2009). In fact, preschoolers, older children and adults are vulnerable to the deleterious impact of crossexamination (Zajac & Hayne, 2006;Zajac & Cannan, 2009) -highlighting the fact that social pressures can undermine accurate memory reporting. Providing support persons for child witnesses and preparation for legal participation are procedures meant to alleviate some of the stresses of testifying for children and seem to offer some benefits (Malloy et al, 2007).…”