Lecture 6 - Concise

Vulnerable Witnesses

  • Persons under 18 (children)

  • Witnesses with significant intellectual or social impairments

  • Witnesses with mental disorders

  • Physically disabled witnesses

  • Adults whose evidence may be diminished due to fear or distress (intimidated witnesses, Youth Justice and Criminal Evidence Act 1999).

Child Witnesses

  • Early instances of child witnesses (e.g., Salem witch trials) illustrate suggestive interviewing and preconceived notions about children's honesty.

  • Children generally report fewer details, forget faster, confuse memory sources, and are more suggestible than adults.

Investigative Interviewing Protocols

  • Guidelines include Memorandum of Good Practice (MOPG, 1992), Achieving Best Evidence (ABE, 2011).

  • Basic components: establish rapport, seek free narrative, ask questions, and ensure proper closure.

  • MOPG advises interviews should take place soon after the event, informally, long enough, with opportunities for free storytelling, and follow a step-wise questioning approach.

Cognitive Interviewing Effectiveness

  • Cognitive interviews (CI) improve recall with children compared to structured interviews, especially with older children.

  • Modified Cognitive Interviews (MCI) are suitable for younger children, focusing on context reinstatement and allowing for flexibility in questions.

  • ECI (Enhanced CI) can lead to more correct details but also risks increased confabulation.

Older Adults' Witnesses

  • Older adults show less accurate recall and are affected by suggestive questioning.

  • CI may support older adults by allowing them to engage at their own pace and by providing contextual cues that aid memory.

Individuals with Learning Disabilities (LDs)

  • People with LDs are often vulnerable witnesses and face challenges such as poor memory and high suggestibility.

  • CI can increase recall accuracy; however, the risk of confabulation exists.

Autism Spectrum Disorder (ASD) and CI

  • Individuals with ASD face communication and cognitive challenges that complicate memory recall.

  • Recent studies indicate that cognitive interviewing techniques may not improve accuracy for individuals with ASD and may lead to increased incorrect details.