The Child and The Law: Maggie Bruck, Stephen J. Ceci, and Gabrielle F. Principe

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 41

CHAPTER 19

The Child and the Law


MAGGIE BRUCK, STEPHEN J. CECI, and GABRIELLE F. PRINCIPE

CASE EXAMPLE AND PRESENTATION OF Summary 801


RELEVANT SCIENTIFIC EVIDENCE 778 Final Judgment of Lillie-Reed 802
Case Facts 778 AUTOBIOGRAPHICAL MEMORY,
Bringing Developmental Psychology to DEVELOPMENTAL DIFFERENCES, AND
the Courtroom 780 MECHANISMS OF SUGGESTIBILITY 802
The Nature and Time Course of Children’s Disclosures Children’s Memory for Traumatic Events 802
of Sexual Abuse 780 Developmental Differences in Suggestibility and
Research on the Effects of Suggestion on Autobiographical Recall 808
Children’s Reports 782 Mechanisms Underlying Children’s Suggestibility 808
Adults’ Memories for Conversations with Children 797 FUTURE DIRECTIONS 810
Impact and Criticism of Scientific Studies Cited in REFERENCES 812
Lillie-Reed 800

Since the 1980s, research in the field of children and the child is the perpetrator. In part, this interest is due to
law is one of the fastest growing areas in all of develop- rising crime in this age group and to the fact that a num-
mental psychology mainly because it calls on the expert- ber of jurisdictions have become more conservative in
ise of researchers in such a variety of areas. Yet, despite dealing with this group of children in the forensic area.
the diversity of topics, all share the common goal of Some of these studies, which mainly focus on older chil-
studying behaviors and processes that impact the legal dren, examine the extent to which they understand
status of children both in and out of the courtroom. Al- the legal proceedings and their legal rights (Grisso &
though the research is oriented toward applied issues, it Schwartz, 2000; Grisso et al., 2003; Salekin, 2002;
is grounded in developmental theory and in some cases Steinberg & Cauffman, 1996; Steinberg & Scott, 2003).
has produced innovative developmental paradigms, the- The greatest amount of work in the field of children
ories, and frameworks. and the law has focused on issues related to the maltreat-
The wide set of topics included in research on chil- ment of children. In 2002, an estimated 896,000 children
dren and the law reflects their importance to current in the United States were determined to be victims of
societal problems. For example, there is a growing liter- child abuse. Although the annual rate of victimization
ature on the effects of family constellations and parent- per 1,000 children in the U.S. population has dropped
ing on children’s adjustment, such as the effects of gay from 13.4 in 1990 to 12.3 in 2002, these figures greatly
or lesbian parenting (Golmbok et al., 2003; Patterson, underestimate the extent of the problem because they are
1997), effects of divorce and custody arrangements based on cases reported to agencies only. A general
(Amato, 2000; Bauserman, 2002; Emery, Laumann- theme of the research in this area is the prevalence, cor-
Billings, Waldron, Sbarra, & Dillon, 2001; Gindes, relates, consequences of, and treatments for maltreat-
1998; Kelly & Lamb, 2003), and adoption and foster ment (Kendall-Tacket, Williams, & Finkelhor, 1993).
parenting (Goodman, Emery, & Haugaard, 1998; Hau- Issues of maltreatment have also been responsible for
gaard & Hazan, 2002). Another recent avenue of study perhaps the most significant area of study in children
involves the child in the juvenile justice system when the and the law: factors related to children’s ability to pro-

776
The Child and the Law 777

vide accurate testimony about experienced events. For one that possesses a special set of constraints involving
several reasons, these studies have mainly focused on basic developmental competencies, involving cognitive,
young children (ages 3 to 7) and have been framed to ad- social, and emotional domains, that may constrain their
dress issues concerned with sexual abuse. First, there effective participation.
has been a growing awareness and concern about the in- Fourth, beginning in the 1980s, there were a number
cidence of child sexual abuse in our society. In the of highly visible cases that came to court in which young
United States, where national archives are kept for each children claimed that their caretakers had abused them.
type of maltreatment, the numbers are telling: For the 49 The claims often included a commingling of plausible
states reporting in the National Center on Child Abuse allegations with fantastic reports of ritualistic abuse,
and Neglect’s (NCCAN) 1998 national data system, pornography, human and animal sacrifice, multiple
there were 103,600 cases of substantiated sexual abuse perpetrators, and multiple victims (e.g., California v.
(1.5 per 1,000 children), nearly 38% of which involved Raymond Buckey et al., 1990; Commonwealth of Massa-
children age 7 and younger. In 2002, the rate dropped to chusetts v. Cheryl Amirault LeFave, 1998; Lillie and
1.2 per 1,000 children (Child Maltreatment, 2004). Reed v. Newcastle City Council & Ors, 2002; New Jersey
Second, prior to the 1980s, children were rarely ad- v. Michaels, 1994; North Carolina v. Robert Fulton Kelly
mitted as witnesses in the legal arena (see Ceci & Jr., 1995; State v. Fijnje, 1995). The defendants in a
Bruck, 1995). This pattern changed as a result of soci- number of these cases were convicted.
ety’s reaction to the dramatic increases in child abuse1 When these types of cases first came to trial, the
and as a result of the ineffective prosecution of child major issue before the jury was whether or not to believe
abuse cases. During the 1980s, all but a few jurisdic- the children. Prosecutors argued that children do not lie
tions in the United States dropped their corroboration about sexual abuse, that the child witnesses’ reports
requirement for children in sexual abuse cases, a crime were authentic, and that their bizarre and chilling ac-
that by its nature lacks corroboration. Many states counts of events, which were well beyond the realm of
began to allow children to testify regardless of the na- most preschoolers’ knowledge and experience, substan-
ture of the crime, permitting the jury to determine how tiated the fact that the children had actually participated
much weight to give to the child’s testimony. In Canada, in them. Furthermore, they argued that patterns of de-
with the adoption of Bill C-15, the court could now con- layed disclosures and denials and recantations were typ-
vict on the basis of a child’s unsworn testimony. In En- ical, if not diagnostic, of sexual abuse in children.
gland, children over 3 years of age were admitted as The defense argued that the children’s reports were
witnesses in the courtroom and could provide unsworn the product of repeated suggestive interviews by parents,
corroborated testimony in sexual abuse cases. law enforcement officials, social workers, and thera-
Third, in addition to those children who enter the pists. Although the defense was able to point out some of
forensic arena for issues related to sexual abuse, there the potentially suggestive interview techniques that
are many others who come into contact each year with were used in eliciting allegations with the children, in
the juvenile and criminal justice systems for other the absence of any direct scientific evidence to support
reasons (witnesses to domestic violence, hearings for the view that such techniques could actually lead chil-
persons in need of supervision, neglect /permanency dren to make incorrect disclosures of a sexual nature
hearings, and custodial disputes). The numbers of young and in light of the common belief of that time that chil-
children involved in the various parts of the justice sys- dren do not lie about sexual abuse, many of these cases
tem become frighteningly large. In all of these situa- eventuated in convictions (for details of the early cases,
tions, children may be asked to provide sworn or see Ceci & Bruck, 1995; Nathan & Snedeker, 1995).
unsworn statements, be deposed, and sometimes be re- The issues raised by these cases were taken up by so-
quired to testify in court proceedings. Thus, young chil- cial scientists and resulted in the most heavily re-
dren represent a large and growing legal constituency, searched topic in children and the law. There are
several major areas of study. The first concerns the ac-
1
Consider the rarity of perceived incest just 35 years ago: curacy of children’s autobiographical memory: how
“Incestuous sexual relations are indulged in by less than one well they remembered their past and how well they re-
in every million people in English-speaking countries” called traumatic events and how they disclosed the trau-
(Verville, 1968, p. 372). matic event of child abuse. A second related area
778 The Child and the Law

concerns the degree to which children will make false The initial allegation was reported to the police by
reports of nonexperienced events as a consequence of Mrs. Roberts in April 1993. She claimed that her 2-
suggestive interviews. A third area concerns the credi- year-old son, Tim, had indicated that Chris Lillie had
bility of children’s statements using both a juror deci- touched him in the genital area. However, when inter-
sion-making paradigm (e.g., McCauley & Parker, 2001; viewed by the police and social services a few days
Nightingale, 1993; Quas, Bottoms, Haegerich, & Nysse- later, Tim denied that Lillie had hurt him; physical ex-
Carris, 2002) and, as described later in the chapter, amination also failed to show any positive evidence
more objective measures of credibility, A fourth area of abuse. Nonetheless, the investigation continued,
concerns modifications that could be made in and out- and Chris Lillie was suspended from his duties at the
side of the courtroom to increase the accuracy and the day care. Mrs. Roberts continued to supply the police
safeguarding of children’s testimony. This area has re- with additional details that Tim was abused in a house
sulted in the development of scientifically validated in- with black doors and Lillie’s coworker, Dawn Reed,
terviews, the examination of the positive impacts of was involved.
various courtroom modifications (closed-circuit TV), Several weeks after Mrs. Roberts’s report, social
and the pros and cons of electronically recording inter- services met with the parents of the day care children
views with young children. and announced that one of the workers had been sus-
pended because of an allegation of sexual abuse. Dawn
Reed was officially suspended from the school soon
CASE EXAMPLE AND PRESENTATION OF
after that meeting.
RELEVANT SCIENTIFIC EVIDENCE
Social services contacted families to determine
whether the children had made any allegations or whether
In this section of this chapter, we review the literature
parents were concerned. At times, they provided parents
on the four major areas of research spurred by the day
with advice on how to question their otherwise silent
care cases, with a particular focus on accuracy and sug-
children. Approximately 25 children were interviewed at
gestibility of autobiographical memory. We do this by
least once by the police and social services. A number of
drawing on one of the actual cases, Lillie and Reed v.
the children were interviewed two and even three times
Newcastle City Council & Ors,2 2002 to illustrate the ap-
to elicit allegations of abuse. In June 1993, after 4-year-
plication of developmental psychology in informing the
old Mandy Brown claimed that she had been vaginally
court about some of the key issues of study in children
penetrated with a crayon at least 9 months previously,
and the law. Because neither this nor any other case can
Lillie and Reed were arrested. They were successfully
cover all key issues in this field, we discuss other issues
granted bail, but just as they were leaving their cells,
in the second section of this chapter.
they were rearrested on the basis of the statement of a 5-
year-old child who had not attended the day care for over
Case Facts
1 year. At the end of her third interview, this child al-
Chris Lillie and Dawn Reed were two British day care leged that she, too, had been abused. All interviews in
workers who were accused of sexually abusing 27 chil- this case were videotaped.
dren at a day care facility in Newcastle, a city in the On the basis of a disciplinary hearing held by social
northeast of England. The defendants were first de- services in February 1994, Lillie and Reed were dis-
clared innocent at their criminal trial in 1994. However, missed from their positions at the day care, and in July
in 1998, a special review committee set up by the town 1994, their criminal trial commenced. There were 11
accused them anew of abuse. In 2002, Reed and Lillie counts involving 11 children (the index child, Tim, was
then sued the review committee, the town counsel, and not a witness). It was a very short trial because the judge
the local newspaper for libel. The judge in that case dismissed the entire case on the grounds that the evi-
found them innocent of all charges and awarded them dence was too weak to present to a jury. Lillie and Reed
monetary damages. were legally free. However, due to the outrage of the par-
ents and based on the city council’s belief that that the
2
For a detailed account of this case, see http://www.richard- pair were guilty, an independent review team was set up
webster.net /cleared.html. to determine what, if anything, went wrong in the inves-
Case Example and Presentation of Relevant Scientific Evidence 779

tigation. The review team’s mandate was to examine doing; however, with repeated questioning, allegations
how the allegations of abuse arose and to investigate began to emerge. Third, on the basis of the index child’s
specific complaints made by parents. They were not uncorroborated allegations, parents of children in the
asked to judge the guilt or innocence of Lillie or Reed. day care were informed that a child had been abused or
After 4 years of investigation, in 1998 the review team that abuse was suspected. Parents were instructed to
issued its report, titled Abuse in the Early Years (Barker, look for symptoms of abuse ( bedwetting, crying, night-
Jones, Saradjian, & Wardell, 1998) and concluded, mares) and to question their children about specific
“From the evidence we have seen it is clear that Chris events. Fourth, as was the case with the index child,
Lillie and Dawn Reed had conspired as a pair to abuse children at first told their interviewers that nothing had
children and it is also clear that other people outside the happened; however, after repeated questioning by par-
nursery were involved” (p. 264). Lillie and Reed became ents, police, social workers, and/or therapists, some of
the objects of public hatred, in part incited by the head- these children also reported abuse. Sometimes it took
lines in the local newspaper. They went into hiding. months of questioning for them to provide an acceptable
Eventually, due to the efforts of two journalists, they report. Fifth, there were a number of contaminating fac-
brought suit against the city council, the local evening tors that could account for the common allegations of
newspaper (the newspaper made an out-of-court settle- the children: In each case, the same small group of
ment), and the review team itself. professionals interviewed all of the children, provided
There were two prongs to their case. The first was for therapy for them, and evaluated them for sexual abuse.
the original plaintiffs to show that Lillie and Reed were In addition, parents and children interacted with each
indeed guilty of child abuse. The second was to show other and spoke about the newest claims or rumors.
that the plaintiffs acted in bad faith and were indeed Sixth, although, for the most part, there was no reliable
guilty of malice and libel toward Chris Lillie and Dawn medical evidence of sexual abuse, most parents reported
Reed. After a 6-month trial, the judge ruled in favor of changes in their children’s behavior around the time
the complainants, awarding them the maximum penalty of the alleged abuse, such as nightmares, bedwetting,
of £200,000 each. The review team was found guilty baby-talking, resistance to going to the bathroom alone,
of libel; the city council was not found guilty on the refusal to attend day care, and much more. Finally, the
grounds of “qualified privilege.” children’s reports became more elaborated with time;
One of the authors of this chapter (MB) served as an for example, after naming a specific perpetrator, chil-
expert witness for the complainants. This involved writ- dren began to make disclosures about other workers at
ing a brief that was submitted to the court before the the day care, and sometimes they made disclosures
trial and that was to serve as the basis for her cross- about other people in the town. Over a period of time,
examination during the trial. Major parts of the chapter the children’s allegations became quite disturbing and
that follow are excerpts from this document that have bizarre; they alleged that they were taken out in boats or
been updated in terms of the scientific foundation that thrown into pools of sharks or taken to unknown places
was presented in 2002. where they were tied up in chains or hung upside down
We selected this case because it contains a variety of from trees or ceiling hooks.
ideas that have been examined in research in children The most unifying characteristic of all these cases
and the law. In addition, it shares the following set of was the methods or strategies used by interviewers to
characteristics with other cases involving allegations of elicit the children’s allegations of abuse. These included,
sexual abuse in institutional settings, usually day cares, but were not limited to, the following ingredients:
that spurred the initial research interest in this area.
First, the children in these cases were all preschool- • The child was given little opportunity to say in his or
ers attending day care programs; most were 3 or 4 years her own words what, if anything, had happened.
olds. Second, the first child to make an allegation (the • Interviewers quickly resorted to the use of questions
index child) did not initially make spontaneous state- that required monosyllabic responses.
ments but was questioned by an adult who was suspi- • Interviewers’ statements and questions contained sex-
cious that something had happened to the child. When ual content and details about the case that may not have
first questioned, the index child denied harm or wrong- been part of children’s initial knowledge.
780 The Child and the Law

• Questions were repeated within and across interviews. jury, not the expert witness, the provision of informa-
• Interviews continued or were repeated until the child tion on the reliability of the evidence to jurors or to
provided information consistent with sexual abuse. judges is crucial to allow them to draw conclusions
• Interviewers used bribes or threats of punishment (“I about the credibility of the children’s allegations and,
will give you a treat if you tell me” or “We can’t go in this case, about the guilt of Lillie and Reed.
home until you tell what happened”). The scientific literature has little to say about the
competence of a witness. There are several reasons for
• Interviewers used selective reinforcement in re-
this. First, there appears to be little if any relationship
sponse to children’s statements (rewarding the child
between children’s truthfulness in their recall of experi-
for abuse-consistent statements but ignoring or mak-
enced events and their performance on competence-
ing negative comments in response to denials of abuse
type interviews that are often used in the courtroom
or related activities).
(e.g., London & Nunez, 2002; Talwar, Kang, Bala, &
• Interviewers made “atmospheric” statements that Lindsay, 2004). Second, because the competence stan-
conveyed the theme that something bad had happened dard is quite undemanding (witnesses are deemed com-
(e.g., telling the children not to be afraid, that they petent if they are sufficiently intelligent to observe,
are being brave, that they are going to be protected, recollect, and recount an event and have a moral sense
or that they are helpers in an investigation). of obligation to speak the truth), most witnesses are
• Interviewers invoked statements of other people deemed competent by the judge. Thus, the expert’s
(“Your mom told me that . . .” or “All your friends analysis is not that the children were incompetent but
have talked about this, now it’s your turn”). that the methods used to gather information from them
• Interviewers induced negative stereotypes of the sus- rendered their statements, and thus the inherent quality
pected perpetrator (e.g., telling the child that the sus- of the evidence, unreliable.
pect does bad things, that he is in jail).
• Props, such as dolls, toys, sandbox enactments, and
drawings, were used to elicit statements about touching. The Nature and Time Course of Children’s
Disclosures of Sexual Abuse

In this section, we first summarize the evolution and


Bringing Developmental Psychology
landmarks of children’s allegations of sexual abuse in
to the Courtroom
Lillie and Reed. Next we summarize the scientific liter-
The ultimate goal of presenting to the court the scien- ature on how children disclose abuse and the interpreta-
tific literature on memory and memory distortions is to tion of the pattern of disclosure in the target case.
provide a scientific basis for evaluating the reliability of
the witnesses’ statements. In this context, reliability Case Facts
refers to the trustworthiness of the evidence, not to the In the present case, none of the children3 spontaneously
honesty or credibility of a witness. Statements or re- told of sexual abuse (with the possible exception of
ports can be unreliable due to normal processes of for- Rosie’s statement to her mother that Lillie had touched
getting, of distortion, and of reconstruction. Statements her privates; this statement was made in September
can also be rendered unreliable if they are elicited in 1992, months before the investigation began; the
certain mother did not know what she was talking about). Ac-
suggestive contexts. Thus, the expert’s testimony fo- cording to the parents, when they first asked their chil-
cuses on the factors that enhance or degrade the quality dren if they had been abused, five of the children
of children’s and adults’ reports. This was the primary denied wrongdoing. The electronically preserved
focus of the expert testimony presented to the court in recordings of the first official forensic interviews,
Lillie-Reed. Although an assessment of the credibility
( believability) of the children’s statements and a deter- 3
Examples provided in this chapter focus on the index child
mination of whether the child witnesses were abused by and the six child witnesses who were to appear in the 1994
the defendants are issues within the province of the criminal trial.
Case Example and Presentation of Relevant Scientific Evidence 781

which occurred days to months after the parents’ first luctant disclosures. Another set of studies provides some
questioning, show that none of the children provided data relevant to this point. We identified 17 studies that
consistent allegations that Lillie or Reed had sexually examined rates of denial and recantation by sexually
abused them. Consequently, five of the children were abused children who were asked directly about abuse
interviewed a second time, during which three gave when they were assessed or treated at clinics. The rates
some kind of statement consistent with sexual abuse. of denial at assessment interviews were highly variable
One child was interviewed a third time, and only after a (4% to 76%), as were the rates of recantation (4% to
very long session, with three interviewers, did she fi- 27%). We found that the methodological adequacy of
nally provide a few abuse-consistent statements. each study (the representativeness of the sampling pro-
cedures and the degree to which sexual abuse was vali-
Scientific Evidence dated) was directly related to the rates of denial and
It is of primary importance to examine the evolution of recantation: The weakest studies produced the highest
the children’s reports of sexual abuse. The pattern that rates of denial and recantation. For the 6 methodologi-
occurred in the present case has raised the most con- cally superior studies, the average rate of denial was
cerns: The child is initially silent; she does not make any only 14% and the average rate of recantation was 7%.
unsolicited or spontaneous statements about abusive Thus, although the retrospective studies of adults show
acts. Rather, the allegations emerge once an adult sus- that children often do not disclose their abuse, the stud-
pects that something has occurred and starts to question ies of sexually abused children’s responses in a formal
the child. At first, the child denies the event happened, interview indicate that if they are directly asked, they do
but with repeated questioning, interviewing, or therapy, not deny, but rather disclose that they were abused.
the child may eventually make a disclosure. Sometimes, In part, the myth about children’s patterns of disclo-
after the disclosure is made, the child may recant, only sure has persisted because documentation of the first
to later restate the original allegation after further ques- stage of the CSAAS model (children are silent and delay
tioning. The most popular embodiment of this idea is disclosures) has been interpreted as evidence for the full
Summit’s (1983) description of the child sexual abuse model, according to which denial and recantation are
accommodation syndrome (CSAAS). common. Also, as shown by our recent review and analy-
Because the CSAAS model was based not on empiri- sis, the most commonly cited studies in the literature
cal data but on clinical intuitions, we recently reviewed are those that support the model—but sadly, these are
the literature to determine its empirical support (Lon- the methodologically weakest of the studies.
don, Bruck, Ceci, & Shuman, 2005). We identified 10 Interviewers of children suspected of abuse who are
studies in which adults with histories of childhood not aware of the scientific evidence, but rather follow
abuse were asked to recall their disclosures in child- the clinical lore that sexually abused children are afraid
hood. Across studies, an average of only 33% of the to talk, deny abuse, and then recant abuse, may not ac-
adults remembered disclosing the abuse in a timely fash- cept the child’s initial statements that nothing occurred
ion. In some studies, approximately 30% of adults re- and continue to interview until allegations emerge. For
ported that they had never told anyone before the current example, in the present case, a mother questioned her 3-
interview about their childhood abuse (Finkelhor, Hotal- year-old child, Ned, about abuse in the spring of 1993.
ing, Lewis, & Smith, 1990; Smith et al., 2000). These He said that nothing had happened to him. As a result,
data support the CSAAS model in that sexually abused she had no concerns, until August 16, when a social
children are silent about their victimization and delay worker explained that in some cases it took children a
disclosure for long periods of time. long time to disclose abuse. By August 18, after addi-
Although informative on the issue of delay of report- tional questioning, there was now enough concern to
ing, these data are silent with regard to the phenomena have Ned interviewed by the investigators.
of denial and recantation, because the participants were To summarize, the most consistent finding in the sci-
never asked, “As a child, did anyone ever ask you or entific literature is that although a significant propor-
question you about abuse?” We simply have no way of tion of sexually abused children will never report their
knowing whether these individuals denied having been abuse (spontaneously), when questioned about it by au-
abused and then perhaps subsequently recanted their re- thorities, most will disclose and few will recant. If the
782 The Child and the Law

children in Lillie-Reed had been sexually abused, then about the allegations that might provide alternative ex-
based on the scientific literature, one might predict planations that are inconsistent with his or her primary
(conservatively) that at least some of them, when di- or only hypothesis. When provided with inconsistent or
rectly asked, would have readily admitted that abuse oc- bizarre evidence, biased interviewers either ignore it or
curred. And only a small proportion would recant else interpret it within the framework of their initial
allegations once they were made. hypothesis. This belief is transmitted to the child via a
Because the patterns of disclosure of the children in range of suggestive interviewing techniques that are as-
Lillie-Reed were so discrepant from those reported in sociated with the elicitation of false reports. Conse-
the methodologically strongest scientific studies, it quently, the child may come to inaccurately report the
raises the hypothesis that children’s eventual disclo- belief of the interviewer rather than the child’s own ex-
sures were the product of suggestive influences that can perience. Finally, it is important to note that a biased
sometimes eventuate in false allegations of sexual interviewer may be a police officer, a therapist, or even
abuse. This hypothesis requires an analysis of the record a parent.
to document how the children were questioned and an Interviewer bias has been the focus of much study by
analysis of the scientific literature to determine the ef- developmental forensic psychologists. The following two
fects of such questioning techniques on the accuracy of studies provide a flavor of the methodologies and results
children’s statements. The next section undertakes such of some of these studies.
an analysis.
Chester the Janitor. Thompson, Clarke-Stewart,
and Lepore (1997) conducted a study in which children
Research on the Effects of Suggestion on
viewed a staged event that could be construed as either
Children’s Reports
abusive or innocent. Some children interacted with a
Until the end of the 1980s, most developmental studies confederate named Chester as he cleaned some dolls and
of suggestibility focused on children’s answers to lead- other toys in a playroom. Other children interacted with
ing questions or children’s incorporation of misleading Chester as he handled the dolls roughly and in a mildly
suggestions into their reports. This focus on leading abusive manner. The children were then questioned
questions and misinformation did not, however, capture about this event. The interviewer was (a) accusatory
the essential features of the problematic interviews that (suggesting that the janitor had been inappropriately
occurred in a number of legal cases mentioned at the playing with the toys instead of working), ( b) exculpa-
outset of this chapter. Because of the discrepancy be- tory (suggesting that the janitor was just cleaning the
tween the structure and content of interviews in scien- toys and not playing), or (c) neutral and nonsuggestive.
tific studies and those occurring in actual cases, at the In the first two types of interviews, the questions
beginning of the 1990s, the scientific model of sug- changed from mildly to strongly suggestive as the inter-
gestibility was greatly expanded into a model of inter- view progressed. Following the first interview, all chil-
viewer bias. dren were asked to tell in their own words what they had
witnessed and then were asked questions about the
Interviewer Bias event. Immediately after the interview and 2 weeks
According to our model of the architecture of sugges- later, the children were asked by their parents to recount
tive interviews (Ceci & Bruck, 1995) interviewer bias what the janitor had done.
is the defining feature of many suggestive interviews. When questioned by a neutral interviewer, or by an
Interviewer bias characterizes those interviewers who interviewer whose interpretation was consistent with the
hold a priori beliefs about the occurrence of certain activity viewed by the child, children’s accounts were
events and, as a result of such beliefs, mold the inter- both factually correct and consistent with the janitor’s
view to elicit statements from the interviewee that are script. However, when the interviewer was biased in a
consistent with these prior beliefs. One of the hall- direction that contradicted the activity viewed by the
marks of interviewer bias is the single-minded attempt child, those children’s stories quickly conformed to the
to gather only confirmatory evidence and to avoid all suggestions or beliefs of the interviewer. In addition,
avenues that may produce negative or inconsistent evi- children’s answers to interpretive questions (e.g., “Was
dence. The biased interviewer does not ask questions he doing his job or just being bad?”) were in agreement
Case Example and Presentation of Relevant Scientific Evidence 783

with the interviewer’s point of view, as opposed to what child’s claims, making them consistent with their own
actually happened. When asked neutral questions by hypotheses.
their parents, the children’s answers remained consis- These two studies and others like them provide evi-
tent with the interviewers’ biases. dence that interviewers’ beliefs about an event can
influence their judgments as well as their style of ques-
Surprise Party. Bruck, Ceci, Melnyk, and Finkel- tioning. This, in turn, can affect the accuracy of chil-
berg (1999) showed how interviewer bias can quickly dren’s testimony. The data highlight the dangers of
develop in natural interviewing situations, and how it having only one hypothesis about the event in ques-
not only taints the responses of child interviewees but tion—especially when this hypothesis is incorrect.
also the reports of the adult interviewers. In this study,
a special event was staged for 90 preschool children in Interview Bias in Lillie-Reed
their school. In groups of three and with the guidance Although some children in the present case did utter
of research assistant A, the children surprised research words or statements that were consistent with the hy-
assistant B with a birthday party, played games, ate pothesis that they were touched by Chris Lillie or Dawn
food, and watched magic tricks. Another 30 children Reed, they also made other allegations about other
did not attend the birthday party; in groups of two, they teachers or adults that seem to have been ignored.
simply colored a picture with research assistants A One child told the investigative interviewer that Chris
and B. These children were told that it was assistant A’s Lillie had hurt her bum with a crayon at Lillie’s house.
birthday. When questioned further, she stated in three different
Interviewers (who were recruited from university parts of the interview that her father was also present:
graduate degree programs in social work or counseling
and who had training and experience in interviewing Interviewer: Was anybody else there?
children) were asked to question four children about Child: No. Daddy was . . .
what had happened when special visitors came to the Interviewer: And who did you say was there at
school. The interviewers were not told about the events Chris’s house?
but were simply told to find out from each child what Child: Nobody.
had happened. The first three children that each inter- Interviewer: I thought you said somebody called
viewer questioned attended the birthday party and the dad was there?
fourth child attended the coloring event. Child: [inaudible]
Bruck, Ceci, Melnyk, et al. (1999) found that the Interviewer: Was it your dad from home?
children who attended the coloring event and were in- Child: Yes.
terviewed last produced twice as many errors as the Interviewer: What did he look like?
children who attended the birthday party; 60% of the Child: He looked at me and he said I see you later.
children who only colored made false claims that in- That’s what he said. . . .
volved a birthday party. This result suggests that the in- Interviewer: Do you know when you said that you’d
terviewers had built up a bias that all the children had been to Chris’s house?
attended a birthday party. By the time they interviewed Child: I know my daddy was there.
the fourth child, they structured their interviews to Interviewer: Your daddy was there?
elicit claims consistent with this hypothesis. Thus, if in- Child: My daddy [inaudible] was and my mummy
terviewers have the belief that all the children they are wasn’t.*
interviewing have experienced a certain event, it is
probable that many of the children will come to make Like other children, this child also named other peo-
such claims even though they were nonparticipants (or ple who were present or involved in the alleged abuse,
nonvictims). Another important finding was that even
when the fourth child denied attending a birthday party, Interviews with children in all cases in this chapter were pre-
84% of their interviewers later reported that all the chil- sented in court and are in the official record. Segments of
dren they interviewed had attended a birthday party. these interviews that are quoted in the present paper are
These data suggest that regardless of what children ac- marked with an asterisk and were reported by Bruck in her
tually say, biased interviewers inaccurately report the testimony before the court.
784 The Child and the Law

such as Helen, Tommy, Lynn, and the man with the continuing to question the children. For example, the
sack at the library. A classmate claimed that Diane and two social workers who were present during Rachel’s
other teachers had driven the children to Lillie and interview interpreted her behavior as follows:
Reed’s flat and that Diane had given her a bath. The
Social Worker 1: Towards the end of the interview,
police did question each of the day care workers, who,
she appeared to become restless. I had visited her
like Lillie and Reed, denied any knowledge of the re-
at home and not seen her display this sort of behav-
ported activities. But for some reason, whereas the de-
iour before. Although the interview had been
nials of others were accepted, Lillie and Reed were not
fairly long I do not think she was tired, but rather
believed. The multitude of names provided by the chil-
pretending to be tired in order to avoid answering
dren led some to assume that there was an organized
our questions. I recall that when we went out of the
group of pedophiles abusing all the children. However,
room she was running around and playful.
this ring of pedophiles also included adults explicitly
Social Worker 2: I recall that after the video inter-
mentioned by the children such as their fathers, their
view was over, she walked along the street holding
doctors, their parents’ friends, and their teachers.
on to Social Worker’s hand with great relief that
The investigators seem to have ignored this discrepant
she was out of the video room. My impression was
evidence.
that she had been quite frightened.*
During the videotaped interviews, at least four chil-
dren made exculpatory statements about Dawn Reed
(and some also did about Chris Lillie), but these were ig- These interviewers did not consider the hypothesis that
nored. For example: the contents and structure of the interview were aversive
to the child rather than any trauma-induced secrecy re-
Interviewer: What about Dawn because you had sulting from past abuse.
some things to tell me about Dawn as well, Behavioral symptoms pre- and postdisclosure were
didn’t you, eh? viewed as primary or additional evidence of sexual
Child: No. abuse. There did not seem to be any recognition that as
Interviewer: You said there were some silly things parents became more convinced that their children were
about Dawn, eh? abused, they changed their reports on the frequency,
Child: No, that was ages ago when I come here. . . . severity, and onset of the symptoms. There was no con-
Child: But don’t say nothing to Dawn cos she wasn’t sideration that the children’s symptoms could reflect
silly. . . . She just went into jail for nothing. Say normal developmental patterns, that they could reflect
Dawn can come out today. Say that. Don’t let problems in the household (divorce, leaving of partners,
Chris out!* merging of new households, violence, etc.), nor was there
any realization that the symptoms may have emerged or
When this interviewer presented the evidence of abuse become exacerbated because of the manner in which the
to the disciplinary panel that subsequently dismissed children were interviewed or treated.
Lillie and Reed, she edited out what she thought was ir- The focus on behavioral symptoms in this case was
relevant; she omitted to tell them of this child’s denials based on the assumption that there is a common con-
in two different interviews. stellation of symptoms that are diagnostic of sexual
Investigators argued that the children remained abuse. However, there are no behavioral symptoms that
silent or denied abuse because they were too frightened are diagnostic of sexual abuse. Many of the problems
to tell of their actual abuse. Nowhere is there evidence cited by the parents (anxiety, enuresis, fears, night ter-
that they considered the possibility that the children re- rors, and even sexual behaviors) either are common in
mained silent because there was nothing to tell. Rather, children of this age or can be associated with other
children were interviewed until they simply could stand types of childhood behavioral disorders (see Kendall-
it no longer (e.g., Rachel ended up moaning in her Tackett et al., 1993). Also, a majority of sexually
mother’s lap; Mary whimpered; Nora begged her abused children are asymptomatic. Thus, the fact that
mother to stop and when she did not, Nora simply left so many of these children had problems indicates that
the room). The interviewers interpreted these behav- perhaps other causes should have been examined but
iors as further signs of resistance, reflected in their they were not.
Case Example and Presentation of Relevant Scientific Evidence 785

Suggestive Interviewing Techniques Used by tion is nonsensical and thus incomprehensible (Hughes
Biased Interviewers & Grieve, 1980; Waterman, Blades, & Spencer, 2000).
One of the reasons that children so willingly provide an-
Interviewer bias influences the entire architecture of in-
swers to specific yes/no or forced-choice questions
terviews and is revealed through a number of different
even though they may not know the answer or under-
component features, some of which were listed in the
stand the question is that young children are coopera-
first section of this chapter (e.g., repeated questions, se-
tive conversational partners, and they perceive their
lective reinforcement, peer pressure). As will be de-
adult interviewer as truthful and not deceptive. To com-
scribed in the next sections, the results of the scientific
ply with a respected adult, children sometimes attempt
literature indicate that the use of these suggestive tech-
to make their answers consistent with what they see as
niques, especially in the hands of biased interviewers
the intent of the questioner rather than consistent with
and especially when used in combination, can bring
their knowledge of the event (see Ceci & Bruck, 1993,
children to make claims about events that they have
for a review). Because of this compliant, cooperative
never experienced.
characteristic, and because of young children’s poor
Open-Ended versus Specific Questions performance on specific questions, it is particularly
important in interviews to avoid these types of ques-
To confirm their suspicions, biased interviewers may not tions until after the child has first provided evidence in
ask children open-ended questions, such as “What hap- response to open-ended questions.
pened?” but instead quickly resort to a barrage of very As illustrated throughout this chapter, interviewers in
specific questions, which require the child to provide Lillie-Reed rarely asked open-ended questions and
one-word answers (yes or no). Sometimes the questions mostly asked specific questions that can be answered
are very leading (e.g., asking the child “Where did your with little effort in one or two words. In the following
teacher touch you?” is very leading if the child never example, the prosecution’s best witness is interviewed
previously mentioned touching by the teacher), and often by the police and social services for the third time in a
the questions are repeated until the child provides a de- period of 3 weeks. She had told her mother in the car
sired response. prior to the interview that it was all a stupid joke. In the
Although the strategy of using specific questions, first half of the interview, when bombarded with spe-
leading questions, and repeating questions ensures that cific questions by the two interviewers (Helen and
the child will provide information, it is also problematic Vanessa), she mainly replied that she did not know or did
because children’s answers to these types of questions not remember. When she did provide answers to ques-
are often inaccurate. For example, Peterson and Bell tions, these were so disjointed that it seemed the child
(1996) interviewed children after they had been treated had given up and decided to answer each question as it
in an emergency room for a traumatic injury. They were came with no attention to the content or the sequence of
first asked free recall questions (“ Tell me what hap- previous questions or answers.
pened”). Then, to obtain additional information, the
children were asked more specific questions (e.g., Interviewer: Did he have anything on under-
“Where did you hurt yourself ?” or “Did you hurt your neath his pants?
knee?”). Peterson and Bell found that children were Child: Yes, underpants.
most likely to accurately provide important details in Interviewer: Did he take those down?
free recall. Across all age groups, errors increased when Child: Yes.
children were asked more specific questions. The per- Interviewer: And did you see any bits of his body?
centage of errors elicited by free recall and specific Child: Yes.
questions was 9% and 45%, respectively. Interviewer: And what did that look like?
Specific questions include yes/no questions (“Did Child: It was big.
the lady have a dog?”) and forced-choice questions Interviewer: Can you remember which way it was
(“Was it the man or the woman?”). One reason using pointing, pointing up or pointing down.
these questions is risky is that children rarely reply “I Child: Pointing up, I mean down it was up then
don’t know” even when explicitly told that this is an op- down, up then down.
tion (Peterson & Grant, 2001) and even when the ques- Interviewer: So it was going up and down all the time.
786 The Child and the Law

Interviewer: Was it doing that on its own? sures were elicited through free recall questions (78%
Child: Yes. for preschoolers), and 66% of all children identified the
Interviewer: What colour was it? suspect through open-ended questions (60% for
Child: Pink. preschoolers). These data dispel the belief that inter-
Interviewer: It was pink; it was going up all the viewers need to bombard children with suggestive
time, and then what? techniques to elicit details of trauma; rather, children
Child: That was all, those were the only two things can provide detailed information through open-ended
that, that I had to tell to do.* prompts, and if a child denies abuse when asked di-
rectly, there is no scientifically compelling evidence
When examining transcript examples, such as this one, it that the child must be “in denial.” As argued in the pre-
is instructive to focus simply on the child’s words to es- vious section, abused children usually disclose the
timate how much the child actually said and how much abuse when directly asked.
the interviewers said. As shown in this excerpt, this
Repeating Interviews and Repeating Questions
child said very little besides “Yes,” “It was big,” and
“Pink ” before stating that she had fulfilled her promise In formal investigations, children are often interviewed
to tell about two things. on many different occasions. There are numerous con-
The low frequency of open-ended questions and the cerns about the influence of these repeated interviews
high frequency of specific questions are not specific to on children’s reports, especially when conducted by bi-
this one case, but appear to characterize forensic inter- ased interviewers. As shown next, the results of several
views with children in general. For example, analyses of studies indicate that repeated questioning and inter-
42 child protective services interviews with children viewing in suggestive interviews increase the number of
ages 2 to 13 years in one state revealed that 89% of the false allegations.
questions about the suspected abuse were specific (War- For example, preschool children were interviewed on
ren, Woodall, Hunt, & Perry, 1996). five different occasions about two true events and two
Interviewers often state that they do not frequently false events (Bruck, Ceci, & Hembrooke, 2002). The
use open-ended questions because of cognitive, emo- two true events involved the child helping a visitor in the
tional, and motivational barriers that inhibit children’s school who had tripped and hurt her ankle, and a recent
spontaneous disclosure of abuse and because children incident where the child was punished by the teacher or
must be encouraged to disclose by being asked specific the parent. The two false events involved helping a
questions over a period of time. Even though there are woman find her monkey and witnessing a man steal food
known risks of using leading or specific questions, per- from the day care. In the first interview, children were
haps these are necessary to elicit reports or details from simply asked if each event had ever happened. If they
sexually abused children who feel frightened, ashamed, said yes, they were asked to describe the event. During
or guilty. the next three interviews, the children were suggestively
This claim has recently been challenged by Lamb and interviewed (e.g., they were asked repeated leading
colleagues (2003), who constructed a structured inter- questions, they were praised for responses, they were
view protocol and then trained interviewers in its use. asked to try to think about what might have happened,
The protocol requires trained interviewers to encourage they were told that their friends had already told
suspected child abuse victims to provide detailed life and now it was their turn). In the fifth interview, a new
event narratives through the guidance of open-ended interviewer questioned each child about each event in a
questions (e.g., “ Tell me what happened”; “You said nonsuggestive manner. Across the five interviews, all
there was a man; tell me about the man”). The use of children consistently and accurately assented to the true
specific questions is allowed only after exhaustive free event about helping a woman who fell in the day care.
recall. Suggestive questions are highly discouraged. In a However, children were at first reluctant to talk about
recent study, Lamb et al. examined the interviews of po- the true punishment event; many of the children denied
lice officers trained on the protocol with 4- to 8-year- that the punishment had occurred. With repeated sug-
old children who had made allegations of sexual abuse. gestive interviews, increasing numbers of children
Lamb et al. found that 83% of all allegations and disclo- agreed that the punishment had occurred. Similar pat-
Case Example and Presentation of Relevant Scientific Evidence 787

terns of disclosure occurred for the two false events; an event and the second interview occurs close to the
that is, children initially correctly denied the false final interview, then misinformation effects are maxi-
events, but with repeated suggestive interviews, they mized (Melnyk & Bruck, 2004). There are several
began to assent to these events. By the third interview, points to bear in mind, however; as shown in some of the
most children had assented to all true and false events. studies in this chapter, one suggestive interview can de-
This pattern continued to the end of the study. stroy the reliability of a child’s report; also, it may take
One of the rationales for reinterviewing children is several suggestive interviews to move the child from
that it provides them additional opportunities to report making simple assents to providing some elaboration to
important information that was forgotten or simply not the false allegations (see Bruck et al., 2002, in which re-
reported in earlier interviews. Thus, it is assumed that peated suggestive interviews were associated with more
when children provide new details in subsequent inter- elaborated narratives of false events).
views, these new reports are accurate memories that Just as there are risks associated with repeated inter-
were not remembered in previous interviews. Another views, there are also risks associated with repeating
rationale is to allow children to rehearse so that their questions within the same interview. Biased interview-
memories will not fade over time. However, the results ers sometimes repeatedly ask the same question until
of recent studies dispute this claim. One set of studies the child provides a response that is consistent with their
consistently shows that reports that emerge in a child’s hypothesis. Poole and White (1991) found that asking
first interview with a neutral interviewer are the most the same question within an interview, especially a
accurate. When children are later interviewed about the yes/no question, often results in young children chang-
same event and report new details not mentioned in a ing their original answer (see Cassel, Roebers, & Bjork-
previous interview, the newer details are less accurate lund, 1996, for similar effects when children are asked
than those repeated from the first interview (Peterson, repeated leading questions). Furthermore, when chil-
Moores, & White, 2001; Pipe, Gee, Wilson, & Egerton, dren are asked the same question on numerous occa-
1999; Salmon & Pipe, 2000). In some studies, the inac- sions, they sound increasingly confident about their
curacy rates of new, inserted details in neutrally con- statements even if these are false.
ducted interviews rise to a level of 50% (Peterson et al., It also appears that when interviews contain a pre-
2001; Salmon & Pipe, 2000). Similar results are ob- ponderance of (mis)leading questions, children will ini-
tained when children are suggestively questioned about tially resist the suggested response, but with repeated
an actual event (Bruck et al., 2002; Scullin, Kanaya, & misleading questions (that differ in content), their re-
Ceci, 2002). Thus, insertion of new but inaccurate de- sistance dissipates. Garven, Wood, Shaw, and Malpass
tails can be a natural memory phenomenon; it can be due (1998) found that preschoolers provided increasingly in-
to prior suggestions that become incorporated into later accurate responses to misleading statements and ques-
reports; but it can also be due to the demand character- tions as a suggestive interview proceeded. In this study,
istics of the interview. When interviewers urge children children were suggestively interviewed for 5 to 10 min-
to tell them anything (that is consistent with the bias of utes about a stranger who came to read their class a
the interviewer), these requests for additional informa- story. As a result of the suggestive devices used by Gar-
tion will sometimes result in false reports that are sup- ven and her colleagues, children falsely claimed that the
plied by the children to comply with their perception of visitor said a bad word, that he threw a crayon, that he
the interviewer’s wishes. broke a toy, that he stole a pen, that he tore a book, and
Although these studies show the detrimental effects that he bumped the teacher. Of particular importance,
of repeated interviews, there is an important qualifica- the children came to make more false claims as the in-
tion to this conclusion: There are a number of studies in terview progressed; that is, within a short, 5- to 10-
which children who are provided with misinformation minute interview, children made more false claims in
across multiple interviews are no more likely to incorpo- the second half than in the first half of the interview. It
rate this information into a later report than children seems that it is not simply repeating questions but
who receive only one suggestive interview. The major repeating questions about a specific theme (e.g., the vis-
factor appears to be the timing of the suggestive inter- itor doing bad things) that may compromise the reliabil-
views: If the first suggestive interview occurs soon after ity of children’s reports.
788 The Child and the Law

Forced Confabulation Effects Child: Drop it.


Interviewer: That’s right! He did drop it.*
As will be seen from some of the examples of Lillie-Reed,
not only were the young child witnesses asked repeated
Two weeks later, these children were brought back to
questions within the same interview and across inter-
the laboratory and informed that the original experi-
views, but this questioning often continued until the chil-
menter had made some mistakes and had asked them
dren provided answers amid protests that they did not
questions about things that had never happened. The
know the answer (i.e., they were forced to give an an-
children were asked to report only those things that
swer). This practice raises the following question: If the
they actually saw. In this second interview, children at
children were forced to knowingly provide an inaccurate
all ages (6 to 10 years) reported that the confabulated
answer to a question, would they not correct themselves
false items had actually occurred (they saw it). For ex-
when given the next opportunity (e.g., in the next inter-
ample, 60% of the 6-year-old children now reported in
view, or in the same interview)? In other words, if a child
the second interview that they saw the handyman break
first denied abuse until he or she was coaxed to provide
the videotape.
abuse-related information and then later produced an
This is an important study because it shows that no
abuse-consistent disclosure, doesn’t this mean that the
matter how resistant to misleading questions a child
child’s second statement is unreliable?
may be in an earlier interview, with sufficient pressure
Two studies conducted by Zaragoza and colleagues
not only will he or she come to report this false infor-
(Ackil & Zaragoza, 1998; Zaragoza, Payment, Kichler,
mation in a later interview, but he or she will report that
Stines, & Drivdahl, 2001) show that when children are
it actually happened. Using a milder version of the
forced to provide an incorrect answer (confabulation),
forced confabulation interview, similarly dramatic sug-
they will not only continue to provide the same incorrect
gestibility effects have been reported (Bruck, London,
answer but will actually come to believe in the validity
Landa & Goodman, in press; Finnila, Mahlberga, Sant-
of the wrong answer. For example, in the latest study
tilaa, Sandnabbaa, & Niemib, 2003).
(Zaragoza et al., 2001), children came to a laboratory
In summary, if children’s allegations are elicited by
and played computer games; during this time, a handy-
specific leading questions that have been repeated
man came into the room and fixed some broken things.
within the same interview or across interviews, there is
Immediately after, the child was asked a number of ques-
a high risk that the children’s statements will be un-
tions about the event and was told to provide an answer
reliable. Conversely, children’s answers to open-ended
no matter what. Children were asked questions about
questions asked prior to any suggestive interviewing
things that really happened and they were asked mis-
have a high probability of being accurate.
leading questions about things that did not happen. For
Following are examples of repeated questions and re-
example, children were asked how the handyman had
peated interviews from Lillie-Reed:
broken the videotape ( he had not even touched the video-
tape). Although most children claimed that he had not
Interviewer: Did you have anything to tell me about
broken the videotape, they were told to provide an an-
the nursery?
swer anyway. Sometimes it took several rounds of coach-
Child: Not actually.
ing to get the children to provide an answer. For example:
Interviewer: Not actually or I’ve got that wrong.
Can you tell me what it is?
Interviewer: There’s a videotape on top of the VCR Child: Can’t. Don’t know what it is.
that is broken. How did he break it? Interviewer: You don’t know what it is. Okay. Is
Child: I have no clue. there anything you want to tell me about anything
Interviewer: Can you tell me how you think he that happened at nursery?
might have broken it? Child: Don’t know.
Child: I have no clue. Interviewer: Did anybody do anything at the nurs-
Interviewer: Just make something up then. ery that they shouldn’t have done?
Child: I can’t think of anything. Child: What’sthis?[aboutsomethingshehasinherhand]
Interviewer: Well, what might, what, what might Interviewer: Did anyone do anything at the nursery
someone do to break a videotape? that they shouldn’t have done?
Case Example and Presentation of Relevant Scientific Evidence 789

Child: No. Mom: Didn’t you? You used to have a sore fairy.
[Child’s mother enters the room] Did you?
Interviewer: Did Chris do anything to you? Can’t Child: No.
you tell me, ’cause I can’t hear very well. Can you Mom: You did. You told me you did, didn’t you? Its
just tell me? ok you know, we’re not going to get a smacked bum
Mom: Will you tell me? or anything. . . . You’re a good girl. ‘Cause you
Child: I can’t. know when you told us you had a sore fairy and I
Interviewer: Why can’t you tell, ’cause it’s alright asked you has anybody ever touched your fairy at
here, you know? To tell Mummy and me. Hmm? nursery and you said yes, didn’t you? Didn’t you?
And you won’t have to tell anyone again, will you? Child: No.
You just tell us now. Hmm? Mom: [laughing] You did. Stop telling fibs. . . .
Mom: Did something happen that you didn’t like? Mom: Listen, can you remember when we were talk-
Child: No! Yeah! ing in the house and you said you had a sore fairy?
Mom: What? Come here a minute, two minutes while I just ask
Child: Chris, Chris hit me and Jill.* you this. Can you remember when we were talking
in the house and you said you had a sore fairy?
When interviewed for a second time in December 1993, Can you remember? Hmm? [child shrugs no] You
this child’s denials of abuse became allegations of abuse can. Tell the truth. Be a big girl like you were,
after repeated specific questions and perhaps as a result ’cause you’re not going to get wrong, you know for
of the repeated interview: a fact you’re not. And didn’t I say to you has any-
body ever touched your fairy at nursery?
Interviewer: What about Dawn because you had Child: No. . . .
some things to tell me about Dawn as well, didn’t Mom: Tell Auntie who touched your fairy.
you, eh? Child: I don’t think so.
Child: No. Mom: You don’t think so? . . .
Interviewer: You said there were some silly things Mom: Well, can you remember? Can you remember
about Dawn, eh? who, who touched your fairy? Can you remember?
Child: No, that was ages ago when I come here. Auntie: Are you going to tell us your secret? I’ll tell
Interviewer: But you said that you got touched by you my secret if you tell me yours.*
Dawn and can you—I just need to know where she
touched you? It’s all right. In interview 2, when first asked about touching, this
Child: On my fairy. [Children used the term fairy to child now gave the following answer:
refer to their vagina.]*
Interviewer: So, what did you want to tell me about
The next example shows how suggestive techniques this person called Chris?
used in one interview may show their influence only in a Child: Touched me.
later interview. Interviewer: Can you show me where? If that was
you, where did he touch you?
Mom: Right, can you remember when you were sit- Child: On my fairy.*
ting in the house? Can you remember when you
had a sore fairy? You tell Helen [the interviewer], Although this analysis focuses mainly on the chil-
right, what you said to me when you said a sore dren’s statements in the videotaped interviews, it is im-
fairy. Has anybody ever touched your fairy in the portant to note that the children were questioned before
nursery? [child shakes her head “no”] That’s not these official interviews were recorded. The record
what you told me. shows that children had several to many sessions with
Mom: Remember when you had a sore fairy? parents, friends of parents, relatives, and professionals.
Child: No/ What? For example, although one child, Mandy, first told her
Interviewer: Did you have a sore fairy when you parents about abuse in May 1993, her parents had ques-
went to nursery school? tioned her a few times before. It was not until June 28,
790 The Child and the Law

however, that the parents gave permission for their memory when the interviewer creates an emotional tone
daughter to be interviewed by the officials; the major of accusation.
reason was that Mandy had made more disclosures when Rewards and punishments shape the emotional tone
they were questioning her. of an interview and provide another means for interview-
Another mother first suspected that her child may ers to express bias. The use of rewards and punishments
have been abused in May 1993. Her child was inter- in interviews with children can be beneficial by motivat-
viewed at the police station in June 1993 but made no ing children to tell the truth. On the other hand, there
allegations consistent with sexual abuse. Then she was may also be negative consequences; children may learn
questioned many times between June and December. that if they produce stories that are consistent with in-
On December 1, 1993, when she was interviewed for terviewers’ beliefs, their interviewers will reward them.
the second time at the police station, she made a few al- A study conducted by Garven, Wood, and Malpass
legations consistent with abuse. Given the denial of (2000) illustrates how the use of rewards and punish-
wrongdoing in the June interview, followed by an enor- ments in an interview can quickly shape the child’s be-
mous amount of repeated interviewing during the next havior and have long-lasting consequences. Children
few months, the few allegations that emerged in the De- between the ages of 5 and 7 attended a special story
cember 1 interview are not “ fresh” utterances but may time led by a visitor called Paco. During this 20-minute
have been contaminated by multiple retellings and visit, Paco read the children a story, handed out treats,
questionings. and placed a sticker on the child’s back. One week after
the visit, the children were asked mundane questions
Atmospherics or Emotional Tone of the Interview (“Did Paco break a toy?”) and fantastic questions (“Did
Interviewers can use verbal and nonverbal cues to com- Paco take you somewhere in a helicopter?”). There were
municate their bias. These cues can set the emotional two interviewing conditions. In the neutral-no rein-
tone of the interview. Research shows that children are forcement condition, children were simply asked a list
quick to notice the emotional tones in an interview and of 16 questions and provided no feedback after each
to act accordingly. For example, in some studies when an question. In the reinforcement condition, children were
accusatory tone is set by the examiner (e.g., “It isn’t asked the same 16 questions, but they were provided
good to let people kiss you in the bathtub” or “Don’t be with feedback after each question, as illustrated by the
afraid to tell”), children are likely to fabricate reports of following example:
past events even in cases when they have no memory of
any event occurring. In some cases, these fabrications Interviewer: Did Paco take you somewhere on a
are sexual in nature. helicopter?
In one such study, children played with an unfamiliar Child: No. [Note this is an accurate denial]
research assistant for 5 minutes while seated across a Interviewer: You’re not doing good. Did Paco take
table from him. Four years later, researchers asked these you to a farm?
same children to recall the original experience (Good- Child: Yes. [Note this is an incorrect assent]
man, Batterman-Faunce, Schaaf, & Kenney, 2002). The Interviewer: Great. You’re doing excellent now.
researchers created “an atmosphere of accusation,” [The next question is asked.]*
telling the children that they were to be questioned about
an important event and saying things like, “Are you afraid The reinforcement had large negative effects on the ac-
to tell? You’ll feel better once you’ve told.” Although few curacy of children’s responses. Children in the rein-
children had any memory of the original event from 4 forcement condition inaccurately assented to 35% of
years earlier, 5 out of the 15 children incorrectly agreed misleading mundane questions and to 52% of the mis-
with the interviewer’s suggestive question that they had leading fantastic questions. The comparable rates for the
been hugged or kissed by the confederate, 2 of the 15 nonreinforcement group were 13% and 15%. In a second
agreed that they had their picture taken in the bathroom, interview, a week later, all children were asked the same
and one child agreed that he or she had been given a bath. questions without any reinforcement. The same high
In other words, children may give inaccurate responses to error rates continued for the reinforcement children.
misleading questions about events for which they have no When children were challenged and asked in the second
Case Example and Presentation of Relevant Scientific Evidence 791

interview, “Did you see that or just hear about that?” brave. For example, the word “ frighten” was used 9 times
children in the reinforcement group stated that they had in the following excerpt, which also shows the poten-
personally observed 25% of the misleading mundane tially damaging effect of this strategy that was repeated
events and 30% of the misleading fantastic events. Chil- by the investigator, the mother, and the mother’s friend.
dren in the nonreinforcement group made these claims
only 4% of the time. Interviewer: I was wondering if maybe Grace was
These findings show how quickly reinforcing frightened.
statements can shape children to provide inaccurate Interviewer: Do you think she’s frightened to tell me?
responses no matter how bizarre the question. Further- Friend: I think so and I think I know what she’s
more, the inaccurate responses persist on second ques- frightened of.
tioning, with a number of children claiming that they Interviewer: Grace, have we got this bit right? Grace?
actually observed the suggested but false event. Of Mom: Listen, Grace, are you frightened?
course, as shown in some of the excerpts, rewards and Interviewer: What of ?
punishments can take a more explicit form, such as Grace: Chris.
promising children a treat if they tell the right answer Interviewer: What for? You’re safe. . . .
or threatening the children if they provide an undesir- Interviewer: We’re all there to look after you and
able answer. there’s nothing for you to be frightened of.
Examples from the Lillie-Reed Case Friend: So that nobody can harm her, can they not,
Grace. . . .
The following excerpts are statements by a child’s Friend: What did he do when he was naughty, Grace?
mother and by her aunt, who were both allowed to help Interviewer: I think Grace’s still a little bit fright-
investigators interview the child. There statements ened but she doesn’t have to be.
were made to induce this young child to make abuse- Mom: What did Chris tell you to be frightened of,
consistent disclosures. Grace? Why were you frightened?
Grace: Monsters.*
Aunt: You promised to tell me your secret if I got all
the Barbie toys for you and you didn’t tell us. Stereotype Induction
Didn’t you not?
Aunt: Yes. All right, I’ll get them, but are you Suggestions do not always take the form of explicit
going to tell me your secret, then? Because you (mis)leading questions, such as “Your Dad was mad,
said you would. right?” One suggestive interviewing technique involves
Mom: If you can remember who it is, or who it was, the induction of negative stereotypes by telling a child
we’ll get you some clothes for the Barbie. that the suspect “does bad things.”
Aunt: Do you want us to take you to Fenwicks and As a study by Lepore and Sesco (1994) shows, some
buy you some clothes for your Barbie? children will incorporate this negative information into
Aunt: You tell me what you told your mummy last their reports.
week, right? Are you listening? And I’ll let you In this study, children played games with a man
come sleep at my house a night. called Dale. Dale played with some of the toys in a re-
Mom: After you tell AUNT what happened, right searcher’s laboratory room and he asked the child to
and then we’ll go downtown and buy your Barbie help him take off his sweater. Later, an interviewer
some new clothes, eh? If you’re a good girl, if you asked the child to tell her everything that happened with
tell Auntie Joan. Dale. For half the children, the interviewer maintained a
Aunt: Do you want to tell me about the nursery, neutral stance whenever they recalled an action. For the
eh, and then we’ll go to Fenwicks for a McDon- remaining children, the interviewer reinterpreted each
ald’s burger.* of the child’s responses in an incriminating way by stat-
ing, “He wasn’t supposed to do or say that. That was
In addition to positive and negative reinforcement, re- bad. What else did he do?” Thus, in this condition, the
wards, and bribes, the children were repeatedly told not bias that Dale had misbehaved was induced. At the con-
to be frightened, not to be afraid, and that they were clusion of these incriminating procedures, the children
792 The Child and the Law

heard three misleading statements about things that had can tell now? Can you remember what you said to
not happened: “Didn’t he take off some of your clothes, me when I asked if Chris had ever hurt you?*
too?” “Other kids have told me that he kissed them,
didn’t he do that to you?” and “He touched you and he The children were also asked about “naughty” things
wasn’t supposed to do that, was he?” All children were that happened or to tell about the naughty things that
then asked a series of direct questions, requiring yes or Chris Lillie and Dawn Reed had done. During one
no answers, about what had happened with Dale. child’s first interview, the investigators used the word
Children in the incriminating condition gave many “naughty” approximately 53 times. The following was
more inaccurate responses to the direct yes/no ques- the child’s response after “naughty” had been men-
tions than children in the neutral condition. Interest- tioned 15 times:
ingly, one-third of the children in the incriminating
condition embellished their responses to these ques- Interviewer: Well, I don’t want him to be naughty.
tions, and the embellished responses were always in the You’ve told us he’s been naughty and I don’t
direction of the incriminating suggestions. The ques- want him to be.
tion that elicited the most frequent embellishments was Child: Why?
“Did Dale ever touch other kids at the school?” Embell- Interviewer: ’Cause I don’t think he should be,
ishments to this question included information about but I need—
who Dale touched (e.g., “He touched Jason, he touched Child: He’s been nice before and now he’s
Tori, and he touched Molly”), where he touched them being naughty.*
(e.g., “He touched them on their legs”), how he touched
them (e.g., “And some he kissed . . . on the lips”), and In the next exchange, “naughty” had been mentioned an-
how he took their clothes off (“Yes, my shoes and my other 9 times:
socks and my pants. But not my shirt ”). When they
Interviewer: So it was something to do with Char-
were reinterviewed 1 week later, children in the in-
lie. Is it something to do with some part of Char-
criminating condition continued to answer the yes/no
lie’s body?
questions inaccurately and they continued to embellish
Child: No.
their answers.
Interviewer: Is it something naughty? Is it some-
In Lillie-Reed, the children were repeatedly told that
thing nice?
Chris Lillie and other people had done “silly” things and
Child: Uh-huh.
they were constantly asked to talk about the silly things.
Interviewer: I’m still a bit stuck, ’cause it’s hard
guessing that.
Interviewer: Why. Because I’ve heard some stories
Child: I know something naughty.
about silly people at the nursery school doing silly
Interviewer: It was something naughty, right.
things. So I said to your mummy has Mary told you
That’s the bit I cannot think. So it was something
anything about these silly things at nursery and
naughty and mummy’s forgotten and now you’re
she said “Oh, yes, shall I bring her to talk to you?”
the only one who knows.
I said “Oh, please. I don’t know what all these
Child: I don’t know.*
silly things are.” Do you? Did you tell your
mummy about them though?* And finally, after approximately 29 more repetitions
of the word “naughty,” when questioned by the
Interviewers told the children that Lillie was in jail mother’s friend, the child produced the major allega-
and asked if he had hit or hurt them. tion of the interview:

Mom: Remember when mum and you were talking Interviewer: He’s naughty, though, isn’t he? Why do
this morning and I asked you if Chris had ever hurt we say he’s naughty? ’Cause what did he do again?
you [The child is lying on her mother’s lap and Child: ’Cause he’s naughty.
moaning], and I said that the policeman took him Interviewer: ’Cause what did he do, though, to
away now and he can’t ever hurt you again and make him naughty?
nothing bad’s going to happen to you because you Child: He smacked me bum.*
Case Example and Presentation of Relevant Scientific Evidence 793

Many of the children’s first allegations involved hit- the dig, the children were interviewed in either a neutral
ting. Vanessa Lyon, one of the main interviewers, also or a suggestive manner on three occasions. The sugges-
noted this trend and declared that children often begin tive interviews for children who did not view Dr. Diggs
to disclose abuse by describing the least abusive inci- ruining the special artifacts provided children with this
dent, which allows them to gauge the reactions of people information. Children in the neutral interview were not
they tell. But in examples such as the present one, the given information about the two target events. In a later
children did not have to gauge the reactions of the adult, interview, children were asked questions about the dig.
who willingly accepted any statement of wrongdoing Children who had not reported the two absent special
that involved Chris Lillie or Dawn Reed. Thus, another activities were prompted to tell more by the inter-
interpretation of this pattern is that it was the repeti- viewer’s telling them that their friends had already told.
tious words and concepts like “naughty” that, when Children who were classmates of those who saw Dr.
paired with questions about Chris Lillie, prompted Diggs ruining the two artifacts were more likely to
Grace to come up with the naughtiest answer that she claim that they had viewed the target activities (i.e.,
could think of: Chris smacked her bottom. In this case, they incorporated the misinformation from the previous
as in others, allegations of sexual abuse emerged later, interview) than children who did not view the special ac-
as interviewers provided the children with sexual infor- tivities and were in another classroom. These data sug-
mation that, prior to the interviews, was unfamiliar to gest that there was contamination from classroom
these children. interactions; children who had not experienced the tar-
get events learned of them from their classmates and
Peer Pressure thus were more likely to assent to false events. Finally,
The effect of telling children that their friends have “al- telling children that their friends had told increased
ready told” is a much less investigated area in the field their false assent rate.
of forensic developmental psychology. Certainly, the Principe et al. (in press) conducted another study in
common wisdom is that a child will go along with a peer which they found that children who overheard a child
group. But will a child provide an inaccurate response talking were as likely to falsely claim to have seen the
just so he or she can be one of the crowd? The most re- event in question (a rabbit that escaped from a magician)
cent and most relevant studies in the literature suggest as were peers who actually saw it escape. Moreover, in
that the answer is yes (Principe & Ceci, 2002; Principe, this study, the effect of suggestive questioning did not
Kanaya, Ceci, & Singh, in press). notably increase their false reports; they were as likely
Preschoolers in groups ranging in age from 6 to 8 to report falsely if they overheard peers talking about
took part in a contrived “dig” with a fictitious archaeol- the rabbit, regardless of whether interviewers employed
ogist named Dr. Diggs (Principe & Ceci, 2002). Dr. suggestive questions.
Diggs led the children through an event in which they In Lillie-Reed, Children were told that their friends
used plastic hammers to dig pretend artifacts (e.g., di- had come and talked about “silly things”:
nosaur bones, gold coins). Dr. Diggs also showed the
Interviewer: You know your friends that you played
children two special artifacts: a map to a buried treasure
with at nursery school? I’ve been talking to them
and a rock with a secret message. The children were
. . . They were telling me about some silly things
warned not to touch these because they could be ruined.
that happened at the nursery. Do you know about
All children in the study participated in or viewed these
them things? . . .
core events. However, one-third of the children also saw
Child: Don’t know that.
Dr. Diggs ruin the two special artifacts ( heretofore re-
Interviewer: Shall I help you a bit? They were
ferred to as the target activities) and show upset about
telling me about their teachers, when they were in
their loss. A second third of the children were the class-
your class.*
mates of those in the first group but did not witness the
extra target activities. The remaining children were not After the accusations of abuse, teachers in the day
the classmates of those who witnessed the target activi- care kept “disclosure logs” to record children’s state-
ties, nor did they witness the target activities them- ments about abuse. Some of the examples show how chil-
selves; they thus served to provide a baseline against dren talked among themselves about abusive subjects in
which to assess the effects of peer contact. Following what seemed to be a very playful atmosphere.
794 The Child and the Law

Child 1 They had real snakes, they went SSS, they ducted in the past decade has raised concerns about the
were toys in the cage outside. suggestiveness of the dolls and their influence on the
Child 2: I saw the snakes and cage, but I ran up the accuracy of children’s reports. There are several impor-
steps, the snakes are called Mandy the same as tant findings of this research. First, there is no consis-
me. [Note this is the first time Mandy mentions tent evidence to suggest that there are characteristic
snakes.] . . . patterns of doll play for abused children. Many studies
Child 2: And do you know what? Chris and show that the play patterns thought to be characteristic
Dawn kicked me. of abused children, such as playing with the dolls in a
Child 3: Why did they kick you? suggestive or explicit sexual manner or showing reti-
Child 2: ’Cause they thought I was a pirate lady. cence or avoidance when presented with the dolls, also
Child 1: And they slapped me ’cause they thought I occur in samples of nonabused children. Second, more
was a doggy. [Both Child 1 and Child 2 laugh and recent studies indicate that use of the dolls does not im-
begin to jump on a piece of equipment.]* prove accuracy of young children’s reports, and in some
cases they decrease accuracy. For instance, we found
It appears that the first allegations of Child 2 and Child that 3-year-old children (Bruck, Ceci, Francoeur, &
3 may have emerged from these sessions. Renick, 1995) and 4-year-old children (Bruck, Ceci, &
Francoeur, 2000) who had just completed a medical ex-
Nonverbal Props amination at their pediatrician’s office made a number
Because of the limited language skills of young chil- of errors when asked direct questions about where the
dren, many interviewers use nonverbal props to help pediatrician had touched them and that these errors in-
children provide details of their past. These props have creased when children were asked these same questions
been particularly used in interviews of sexually abused in conjunction with dolls. Specifically, children inaccu-
children as a way to question children about how and rately showed that the doctor had touched their genitalia
where they were touched. Although the use of props or buttocks when this did not happen. These inaccurate
seems intuitively useful, the scientific literature indi- answers reflect the novelty of the dolls, which prompted
cates that at times, these devices will increase inaccu- the children to explore the genitalia, often in very cre-
racy in children’s reports. One of the reasons for this is ative ways; the inaccurate answers also reflect the im-
because the prop is being used as a symbol and young plicit demands of the interview, which were to show and
children are not symbol-minded. According to De- talk about touching.
loache (DeLoache & Smith, 1999), who has conducted There is also a single case study that suggests that re-
the pioneering work in this field, for the child to be- peated exposure to the dolls may lead young children to
come symbol-minded, the child must come to under- fabricate highly elaborate accounts of sexual abuse.
stand that symbolic objects have a dual nature: They After a third exposure in a period of a week to an
represent the object itself (e.g., a doll) as well as a spe- anatomically correct doll, a nonabused 3-year-old told
cific referent (e.g., the doll represents the child). Until her father that her pediatrician had strangled her with a
4 years of age, children do not have this appreciation. rope, inserted a stick into her vagina, and hammered an
One result is that they end up “playing” with the sym- ear scope into her anus (see Bruck, Ceci, Francoeur, &
bol. In this respect, the symbol is a suggestive influ- Renick, 1995).
ence. Some examples of research on the influence of Researchers have examined the effects of giving
props on children are now presented. children real objects (e.g., a stethoscope) or a toy ob-
Anatomically detailed and undetailed dolls are fre- ject (e.g., a teddy bear to represent the child, or a toy
quently used by professionals when interviewing young car to represent a real car) to report their past experi-
children about suspected sexual abuse. The major ra- ences. In a recent review of the experimental studies
tionale for the use of anatomical dolls is that they allow examining the use of props in interviews, Salmon
children to manipulate objects reminiscent of a critical (2001) concluded that although real props increase the
event, thereby cuing recall and overcoming language and amount of information that children report about an
memory problems as well as motivational problems event, they also increase the number of errors. Further,
of embarrassment and shyness. However, research con- she concluded that free access to a large number of real
Case Example and Presentation of Relevant Scientific Evidence 795

props is associated with a relatively large number of er- On July 12, Kristen reported in an investigative inter-
rors in children’s reports about touching, particularly view with that Chris Lillie had hurt her bottom with a
for younger children. For example, Pipe et al. (1999, ex- crayon, that he had tickled her with a crayon, and that
periment 2) reported that repeated interviewing with he had put a crayon in her “ fairy.” The context of this
real props introduced a disproportionate amount of new last disclosure is as follows. First, Kristen asked to play
inaccurate information into children’s reports after a with a doll and the interviewer encouraged her to un-
1-year delay. Steward and Steward (1996) found that dress the doll and name the body parts. When directly
when children had the opportunity to manipulate real asked, the child denied twice that anything bad hap-
props, the situation turned from one of reporting what pened to her at the day care. The interviewer then
actually happened to playing. Similar findings have pointed to the doll and asked:
been found for toys or for small-scale props (i.e., giving
the child a toy piece of furniture and asking him to Interviewer: Has anybody ever hurt those bits
show how he was sitting). on your body?
Child: No. Chris.
Asking the Child to Draw Interviewer: How did Chris hurt those bits?
In her review, Salmon (2001) concluded that asking Child: He’s hurt mine bum and it’s sore now.
children to draw a picture about a specific event in Interviewer: So you know you’re pointing to that bit
combination with nonleading verbal prompts can en- between your legs and you said Chris had hurt you.
hance the verbal reports of children over the age of How did he do it?
4 years, but it is less effective for younger children. She Child: He’d do it this hard. [As she says this, Kristen,
also concluded, however, that after a long delay, who is sitting on a child’s tiny wooden chair, lifts
not only will drawing elicit less information than not her skirt and points or presses a finger or fingers
drawing (i.e., just asking), but it also introduces addi- between her legs—what looks like the vagina area.]
tional errors into children’s accounts. A recent study Interviewer: And what was he using to do it with?
found that when drawing is accompanied by misleading Child: He was . . . [there is a brief pause while she
questions, it is associated with very high error rates looks at the table of toys in front of which she is
in children’s subsequent reports (Bruck, Melnyk, & sitting and then stretches her hand out to a plastic
Ceci, 2000). bucket of crayons that she was earlier using to
A striking aspect of the interviews in Lillie-Reed was draw] using a crayon.*
the number of toys available to the children during in-
vestigative interviews. On the one hand, these seemed Thus, Kristen’s disclosure that Chris Lillie had inserted
to have put the children at ease and allowed them to a crayon in her vagina was actually a demonstration
enjoy some of the experience. However, generally, their with props that were laid out on the table in front of her.
presence was distracting and resulted in the children Perhaps she named the prop to provide an answer to a
spending more time playing with the toys than focusing question that she had no answer for. In research settings,
on the interview. As a result, there are times when it is it is common for children to name surrounding props
not clear if the child was actually playing or directly re- when asked questions to which they do not know the an-
sponding to the interviewer’s question. swer. For example, in the monkey-thief study (Bruck
Children were shown dolls and sometimes asked to et al., 2002), when children were asked what the thief
draw or point to body parts to elicit allegations of had stolen, a number of children named objects that
abuse. The problem with this strategy is that it signals were in the interviewing room (e.g., video camera,
to the child that the focus of concern is the touching of clock, books). When children in this study were asked to
certain areas of the body. Children may provide abuse- describe the thief, they would often look at the experi-
consistent responses because they think this is what the menter and describe the very clothes she was wearing.
adults want to hear. Also, the use of these props makes (Interestingly, there were children in the Lillie-Reed
it easier for adults to ask leading questions about touch- case who, when asked what they were wearing when
ing (“Show me where he touched you. What do we call they were abused, replied, “ These clothes that I am
this part? Did he touch you here?”). wearing now.”)
796 The Child and the Law

Kristen’s claim that she had a crayon inserted in her the children would come to make statements consistent
fairy is reminiscent of the children in the Bruck, Ceci, with the prevailing belief that they had been abused by
Francoeur, and Renick (1995); Bruck et al. (2000) Lillie and Reed.
studies; when these children were asked how the doctor
The Effects of Suggestion on the Credibility of
touched them, they used available props to make false
Children’s Reports
demonstrations or statements that these had been in-
serted into their buttocks or genitals. Thus, it is possi- It is one thing to demonstrate that children can be in-
ble that Kristen’s initial response reflected her use of duced to make errors and include false perceptual
an available object to fill in the answer to a question details in their reports, but it is another matter to show
with no knowable answer. It was a response that, once that such faulty reports are convincing to an observer,
elicited, she repeated and elaborated. On July 20, the especially a highly trained one. In a series of studies,
medical examiner noted that “Kristen told her ” that Ceci and colleagues (Ceci, Loftus, Leichtman, & Bruck,
Chris Lillie had put a crayon in her vulva and made her 1994; Ceci, Huffman, Smith, & Loftus, 1994; Leicht-
bleed in her knickers. On the basis of her statements, man & Ceci, 1995) showed videotapes to experts of
Lillie was arrested and put in prison on July 24. children’s reports that emerged as a consequence of re-
peated suggestive interviews. In some cases, the experts
Combining Suggestive Techniques also saw videotapes of children who resisted suggestions
For ease of exposition, we have attempted to discretely and denied that anything had happened. These experts
categorize a number of suggestive interviewing tech- were asked to decide which of the events reported by the
niques. As can be seen from so many of the excerpts, children actually transpired and then to rate the overall
these elements rarely occur in a vacuum; each interview credibility of each child. Experts who conduct research
was filled with a variety of suggestive interviewing on the reliability of children’s reports, who provide ther-
techniques. The scientific literature demonstrates that apy to children suspected of having been abused, and
as interviews become more suggestive, the number of who carry out law enforcement interviews with children
false allegations increases (e.g., Bruck et al., 2002; Le- generally failed to detect which of the children’s claims
ichtman & Ceci, 1995; Scullin et al., 2002). One reason were accurate and which were not, despite being confi-
for this is that as the number of techniques increases, the dent in their judgments.
bias of the interviewer becomes clearer. Some professionals state that they can detect sugges-
Generally, the interviews in the Lillie-Reed case are tion because the children simply parrot the words of
so filled with suggestive interviewing techniques that their investigators. However, evidence from the past
they are best described as chaotic. Children were given decade provides no support for this assertion. First, chil-
toys, they were asked to draw, or the interviewer would dren’s false reports are not simply repetitions or mono-
draw. Never was there any attempt to identify whether syllabic responses to leading questions. Under some
the children were playing or actually describing their al- conditions, their answers go well beyond the suggestion
leged abuse. In addition to the props, toys, and draw- and incorporate additional details and emotions. For ex-
ings, when one interviewer could not deal with the ample, in the Bruck et al. (2002) study, children’s false
situation, another one was called in, and sometimes par- reports contained the prior suggestion that they had seen
ents or friends of parents were asked to join in or take a thief take food from their day care; but the reports also
over the interview. Sometimes one of these interviewers contained nonsuggested details such as chasing, hitting,
would leave (on the promise that the child would tell and shooting the thief (also see Bruck, Ceci, Francoeur,
when the interviewer left), only to reappear later in the & Barr, 1995; Ceci, Huffman, et al., 1994).
interview. Children were promised trips to restaurants if Finally, linguistic markers do not consistently differ-
they would tell. Children were told to be brave, or they entiate true from false narratives that emerge from re-
were told that they were safe because the bad people peated suggestive interviews. In the Bruck et al. (2002)
were in jail. Children were asked leading questions or study, where children were repeatedly and suggestively
provided with direct information about touching, about interviewed about true and false events, the children’s
abuse, about Lillie, about Reed, and about trips to Lil- narratives of the false events actually contained more
lie’s apartment. And all of this information was re- embellishments (including descriptive and emotional
peated within and across interviews, with the goal that terms) and details than their narratives of the true events.
Case Example and Presentation of Relevant Scientific Evidence 797

Also the false narratives had more spontaneous state- The review team argued that although the content of
ments than the true narratives. Although for the most each and every statement made by the children may be
part, the details in false stories were realistic, as sugges- incorrect, nonetheless the substance of the disclosures is
tive interviews continued, children inserted bizarre de- correct. Thus, statements that the children had been
tails into their stories, a point that we now consider. penetrated with scissors or that they had been taken to
In Lillie-Reed, some of the children’s disclosures be- specific locations by Lillie and Reed or that Lillie and
came bizarre or fantastic with repeated interviewing, Reed had swallowed bleach are said to contain important
For example, after one suggestive investigative inter- kernels of truth. The argument is that either because the
view, one of the children, Ned, reported that he had been children did not have the vocabulary or because they
penetrated with a knife (there was no physical evi- were misinformed about specifics, there are errors in
dence); that Dawn Reed had put needles into his bottom; their statements.
that Chris Lillie had urinated in his face; that Lillie and Although some of these arguments seem plausible,
Reed had swapped bodies, putting each other’s head on there is strong scientific evidence to support only the
and different hair and clothes. Ned also spoke of mon- first hypothesis: that evolving bizarre disclosures re-
sters in an elevator. He said that Reed picked him up and flect suggestive interviewing techniques. The argument
put him in a cupboard with no handles or windows but is not that interviewers suggested these bizarre details to
that he turned into a gladiator and killed everyone. the children, but that it became clear to the children that
Three hypotheses have been offered to account for the more details they could produce, the more they
the occurrence of such bizarre details. The first is that pleased their interviewers, even if they produced very
they are false and are the result of suggestive inter- fantastic and bizarre details.
views (Bruck et al., 2002). Second, although reports of To summarize, when children have undergone sug-
fantastic or bizarre events may themselves be false, gestive interviewing or are exposed to some of the
their presence is claimed by some to be symptomatic of components of suggestive interviews, they can appear
trauma, and as such may be markers for narratives that highly credible when they are inaccurate, even to well-
are otherwise true. According to this latter hypothesis, trained professionals. Accordingly, once children have
as a consequence of their abuse, children may misper- been exposed to the suggestive influences discussed
ceive actions or events or use fantasy to deal with their here, it is impossible to support a claim that the re-
anxieties and to empower themselves to regain control ports obtained from them are reliable. Demeanor, af-
over their victimization (see Everson, 1997, for a full fect, spontaneity, and other traditional criteria used to
account of explanations). Finally, children may make determine credibility are rendered irrelevant to the
bizarre allegations because their abusers maliciously determination of the accuracy of the postsuggestion
suggest false events to the children so that they will report.
not be believed at all. For these reasons, reports of
abuse should not be discounted as false if they contain Adults’ Memories for Conversations with Children
fantastic or bizarre details because fantastic details
occur with some frequency in the reports of children As we have demonstrated, information on the exact word-
who were actually abused (Dalenberg, Hyland, & ing of each question asked of children during interviews,
Cuevas, 2002). as well as the number of times questions are repeated and
Some of the professionals involved in Lillie-Reed ex- the tone of questioning, is necessary to determine whether
pressed belief in the children’s bizarre allegations, as strategies recognized as capable of affecting the reliabil-
reflected by the following statement of the chief med- ity and accuracy of children’s reports were used by inter-
ical examiner: viewers. In Lillie-Reed the lack of such information for
the parents’, the physicians’, and other professionals’ re-
The bizarre nature of the abuse, almost certainly involv-
ports makes it impossible to make such a determination.
ing instrumentation, drugs and pornography, at a time Therefore, videotaped interviews of the children must be
when the children’s cognitive abilities were so immature, relied on to examine the instances when children made or
means that triggers are not easily recognized. For example, denied allegations of abuse.
a soda siphon sound in one room caused hysteric panic to It is a well-documented fact in the psycholinguistic
a child in another. literature that when asked to recall conversations,
798 The Child and the Law

most adults may recall the gist (the major ideas, the Warren and Woodall (1999) obtained results similar to
core content), but they cannot recall the exact words those reported for mothers and mental health trainees.
used, nor the sequence of interactions between speak- These researchers studied experienced investigators who
ers. This latter linguistic information rapidly fades created summaries immediately after their interview
from memory, minutes after the interactions have oc- with a child. When asked what types of questions they
curred (for a review, see Rayner & Pollatsek, 1989). had used to elicit information from the children, most of
Bruck, Ceci, and Francoeur (1999) videotaped mothers these experienced interviewers answered that they had
interviewing their 4-year-old children about a play ac- asked primarily open-ended questions, few stated that
tivity that had taken place in the laboratory. Three days they had asked specific questions, and only one reported
later, mothers were asked to recall this conversation. asking any leading questions. Their estimates were highly
The mothers could not remember much of the actual inaccurate, as most (over 80%) of the questions asked by
content of the interview, omitting many details that had these interviewers were specific or leading.4 Returning to
been discussed, but much of what they did recall was the Bruck, Ceci, Melnyk, et al. (1999) birthday party
accurate. Of particular importance, the mothers were study, as reported earlier, the interviewers also made fac-
especially inaccurate about several aspects of their con- tual errors about the content of the children’s statements.
versation: They could not remember who said what That is, the interviewers reported that the fourth child
(e.g., they could not remember if they had suggested had attended a birthday party when it was clear in a num-
that an activity had occurred or if the child had sponta- ber of cases that the child had made no such statement. A
neously mentioned the activity). Mothers also could not recent study conducted by Lamb and colleagues (Lamb,
remember the types of questions they had asked their Orbach, Sternberg, Hershkowitz, & Horowitz, 2000) in-
children (e.g., if they had used an open-ended question dicates that the findings that are obtained in the labora-
or a series of leading questions to obtain a piece of in- tory with mothers, mental health trainees, and skilled
formation). For example, although some mothers in this interviewers generalize to investigators who interview
study remembered that they learned that a strange man children suspected of sexual abuse. Verbatim contempo-
came into the room when the child was playing, they raneous accounts of 20 investigative interviews of 20 4-
could not remember if the child spontaneously gave to 14-year-old alleged sexual abuse victims were com-
them this information, or if it was obtained through a pared with audiotaped recordings of these interviews.
sequence of repeated leading questions that the child More than 50% of the interviewers’ utterances and 25%
assented to with monosyllabic utterances. To summa- of the incident-relevant details provided by the children
rize, although mothers could accurately remember were not reported in the “ verbatim” notes. The structure
parts of the general content of the conversation, they of the interviews was also represented inaccurately in
could not remember how or if they questioned their these accounts. Fewer than half (44%) of the details
child. provided by the children were attributed to the correct
A similar study was conducted with mental health eliciting utterance type. Investigators systematically
trainees. This study (the birthday party study; Bruck, misattributed details to more open rather than more fo-
Ceci, Melnyk, et al., 1999) was described earlier in the cused prompts. In view of the quantity of errors in the
section on interviewer bias. Mental health trainees inter- Lamb et al. study, where notes were made at the time of
viewed four children about an event. They were encour- the interview, one can begin to appreciate the large num-
aged to make notes after each of the interviews. A few ber of errors that can occur when adults attempt to recall
weeks later, their memories for two of the conversations conversations that occurred days or months previously.
were tested. The mental health trainees showed the same These data provide an empirical basis for the impor-
pattern as the mothers. Even though they were allowed tance of obtaining electronic copies of interviews with
to consult their notes, they could not remember who first children. They suggest that summaries of interviews
mentioned certain pieces of information; also, they
could not remember if the child’s statements were spon- 4
A number of parents stated that they did not ask leading ques-
taneous or the result of leading questions. In addition, tions or put words into their children’s mouths. The scientific
these trainees mixed up which of the four children said literature shows how difficult it is to evaluate just how we con-
what. That is, they often attributed the actual report of duct conversations. Our memories are probably molded by how
Child A to Child B. we would like to see ourselves rather than how we are.
Case Example and Presentation of Relevant Scientific Evidence 799

based on interviewers’ notes and memories may be inac- amount of prompting required to make these disclo-
curate for a number of reasons. Usually, notes contain sures, is that obtained from the videotaped evidence.
only pieces of information that the investigator thinks This first example shows changes in one parent’s
are important at the moment. If the investigator has a memory of her child’s pretend phone call in April 1993:5
bias that the child was sexually abused, this could color
May 13 1993 Social Worker Report: Around Easter 1993,
his or her interpretations of what the child said or did,
her mother left Rachel with some friends while she went
and it is this interpretation that appears in the summary shopping. On her return, her friend said that Rachel had
rather than a factual account of what transpired. If a said, “My Dad did something with his willie.” Her friend
number of children are interviewed and the reports are had replied “no, no.” Rachel did not say anymore when she
not immediately written, the investigator may confuse was questioned further.
which child said what. Finally, summaries of interviews August 17 1993 (Mother’s statement to the police). On
based on interviewers’ notes are exactly that—sum- one occasion when Rachel was with a neighbor of mine,
maries. They do not contain a detailed accounting of she was playing with a toy telephone and pretending to
how many times the same question was asked or how ring her Dad. She said something like someone’s willie
many times the child denied before finally assenting. No had been on her hand. When I tried to ask her further
one without stenographic training can possibly record about this, she totally clammed up and rushed to another
neighbor for reassurance saying, “I’m not naughty, I’m not
each and every time a question was asked that was not
naughty, am I?” We reassured her that she wasn’t.
answered. Thus, the literature on adults’ inability to ac-
March 1994 (Signed Statement). On one occasion, I
curately recall what children told them, when paired left Rachel to be cared for by two friends. I went out shop-
with the literature on forgetting, memory distortions, ping. Jeanie had reported to me when I returned that
and biases, highlights the real problem of relying on par- Rachel had been playing on a toy phone pretending to ring
ents’ and investigators’ reports of children’s behaviors her Daddy. She said that someone’s willie was on her
and statements that occurred in the past and that were hand. When she realized that Jeanie was listening she put
not recorded at the time of their occurrence. the phone down and said, “I am not naughty am I.” The
next day I tried to talk to Rachel about it but she wasn’t
Examples from Lillie-Reed able to explain to me what she had said.
All the children in the Lillie-Reed case made their initial This example shows that the content of Rachel’s utter-
disclosures to their parent(s), who were the first to ques- ance had changed from “My Dad did something with his
tion them about abuse. The parents recollected these willie” to “she told her dad that someone’s willie was in
conversations days, weeks, and months after they al- her hand.” With time, the statement became more con-
legedly occurred. Some of these descriptions contain sistent with the idea that someone besides her father had
contextual statements, such as “I asked . . .” and “He done something. This example also shows that although
said . . .,” but, as the literature clearly shows, the poten- the words “no” or “naughty” continued to be mentioned,
tial for error is extremely high in these recollections, the specification of the speaker changed. Initially, it
and as a result, the investigators of this case cannot de- was the mother’s friend, then it was Rachel in response
termine the following: (a) whether the child’s statement to her mother’s questioning, and finally it was Rachel’s
was spontaneous or prompted by dozens of questions (as response to the adult’s listening in on her pretend con-
was the case in the videotaped interviews); ( b) how versation.
many questions the parent asked and how many differ- In another example, according to the notes of a social
ent times the parent questioned the child to get any re- worker who was present at the child’s police interview,
sponse; (c) whether the parent reported what he or she the child said that Chris Lillie and Dawn Reed were
had said or what the child had said; (d) whether the par- married. However, this statement was not made by this
ent accurately recalled the content of the child’s state- child in the interview.
ment; and (e) how much of the original interaction the Throughout their report, Abuse in the Early Years
parent omitted either because it was forgotten or be- (Barker et al., 1998, pp. 210–214), the review team
cause it was considered nonessential material at the time
of recall. Because it is impossible to recapture this infor- 5
This interchange is a central theme in statements by
mation, the most reliable evidence (and maybe the only Rachel’s mother, probably because she interpreted it as
reliable evidence) of the children’s disclosures, and the Rachel’s attempt to tell about the abuse.
800 The Child and the Law

provided examples of children’s statements such as They wrote: “ The Review Team saw the evidential
the following: videos made by the children. These would not support
the view that the questions were in any way leading”
Boys and girls describe being sexually assaulted and wit- (Barker et al., 1998, p. 221). Their impression of the
nessing other children being sexually assaulted by Chris three interviews conducted with one of the child wit-
Lillie and to a lesser extent by Dawn Reed. These assaults nesses was this:
were said to have taken place in the toilets, in a cupboard,
and in the play house at the nursery. For example, one boy Over three video interviews, she detailed abuse of herself
said that Chris Lillie had held his penis and rubbed it until and other children by Chris Lillie, to a lesser extent Dawn
it hurt. . . . Another child describes Chris Lillie weeing on Reed, and she also mentioned other nursery staff ’s names.
his hair. . . . Several children told of a house with a black Her testimony in these videos, which we have seen, is ex-
door in a named road. Children also talked of being taken tremely powerful and provided persuasive evidence of her
in lifts to flats. . . . One child described Chris Lillie’s abuse in the nursery and elsewhere. (p. 148)
willie pointing to the ceiling . . . one child described how
Chris Lillie had put his tiddler in her fairy while she was Based on the analyses of the videotape by the plain-
sitting on the edge of a settee in his house . . . several chil- tiffs’ experts (including the first author of this chapter),
dren described being given an injection which we deduce
it is difficult to understand how the review team came to
from their descriptions contained some form of analgesic.
such a conclusion; these interviews were highly sugges-
. . . Children variously stated that they have been shouted
at, sworn at, smacked, hit. . . . Children described how
tive. The judge agreed with this assessment.
they were threatened, they said that a boy and a girl had
been stabbed because they told their mum. . . . Other
threats that the children were able to talk about were Impact and Criticism of Scientific Studies
of monsters and a dog that would hurt you or scratch Cited in Lillie-Reed
your fairy.
The child and law research conducted by developmen-
tal psychologists has had a large impact on many as-
If indeed these statements were spontaneous, were not pects of the legal arena. First, as a result of this new
preceded by any forms of suggestion, and were the di- scientific evidence, many of the guilty verdicts of the
rect words of the children (rather than parents’ sum- 1980s and early 1990s have been or are being over-
maries of conversations or the review team’s summary turned. On appeal, the defendants presented relevant
of interactions in an interview), then the children’s and appropriate scientific evidence to show how sug-
words would provide important evidence to support the gestibility and memory distortion could produce in-
hypothesis of abuse. However, a review of the case facts accurate statements of abuse in young children (e.g.,
show that these purported statements of the children New Jersey v. Michaels, 1994; People v. Scott Knif fen,
were often parents’ reports of their child’s statements; Brenda Knif fen, Alvin McCuan, and Deborah McCuan,
in other cases, these represent a combination of mono- 1996; Snowden v. Singletary, 1998; State of Washington
syllabic responses provided to a stream of leading ques- v. Carol M.D. & Mark A.D., 1999; State of Washington
tions or at the end of a very suggestive interview. v. Manuel Hidalgo Rodriguez, 1999). It is now rare to
To produce their report, the review team interviewed find similar cases cropping up in the legal setting, at
more than 40 sets of parents/carers of children and more least in North America. Second, as a result of this sci-
than 112 other witnesses. If the interviewing began in entific literature, there is an awareness of the impor-
October 1995, these adults were recalling events, ideas, tance of developing scientifically validated protocols
and impressions from 3 to 4 years earlier. Examination to be followed when interviewing children (e.g., Davies
of the statements of parents at this last inquiry show how & Westcott, 1999; Lamb et al., 2003). Third, there is a
much their testimony changed from their first reports of growing awareness of the importance of videotaping
their children’s statements. Clearly, the review team re- the first and all subsequent investigative interviews
lied on unreliable evidence from witnesses who deeply with children in order to evaluate the degree to which
believed that their children had been abused. children’s initial statements were spontaneous and the
The review team concluded that there was no evi- degree to which they were elicited by various sugges-
dence of suggestion in the interviews with the children. tive interviewing techniques.
Case Example and Presentation of Relevant Scientific Evidence 801

Although this work is scientifically based, it is not that are relevant to many types of cases that end up in
without its critics (e.g., Lyon, 1999; Meyers, 1995). the legal arena. Although Lillie-Reed may be among
These critics claim that this area of science has created those “ worst-cases scenarios,” it nonetheless shares im-
a backlash that has undermined the credibility of chil- portant structures or components with other cases that
dren, that focuses on the weaknesses rather than the commonly come to court.
strengths of their memory, and that denies the reality of Further, a specific case does not render the literature
child abuse. They also argue that because scientists have on children’s suggestibility and autobiographical mem-
based their studies and analyses on a handful of trials ory valid or not valid. It is the extent to which the litera-
(preschool multivictim, multiabuser cases) that repre- ture is relevant to each individual case. The literature on
sent the worst-case scenario in terms of interviewing children’s suggestibility is applicable to any type of case
young children, the scientific analyses are overgeneral- in which child witnesses make statements only after
ized to nonproblematic interviews of children involving suggestive interviewing practices; it does not matter if
sexual abuse. the case is a day care case or if it involves allegations of
However, this literature should not be viewed as an abuse by a parent, boyfriend, or stranger.
attack on the credibility or the competence of children,
but rather on adults’ mishandling of young children and Summary
their reports. Although it is true that the suggestibility
literature focuses on the ways adults can distort chil- If a child’s indicting statements are made in the absence
dren’s memories, it does not deny the strengths of chil- of any previous suggestive interviewing and in the ab-
dren’s memories when these are not tainted by sence of any motivation on the part of the child or adults
exogenous forces. For example, in cases when children to make incriminating statements, then the risk that the
make spontaneous disclosures to parents about past statement is inaccurate is quite low. If, however, the
abuse and then report the same event to the police, it is child initially denies any wrongdoing when first asked
inappropriate to call on the suggestibility literature to about a criminal action but later, as a result of sugges-
demonstrate that children’s reports can be tainted by in- tive interviewing practices, does make allegations, the
terviewing methods. Clearly, that would be an inappro- statements may be unreliable.
priate extension of this literature. Similarly, it is just as Errors that result from suggestive techniques involve
illogical to dwell on literature that shows how well chil- not only peripheral details, but also central events that
dren can recall their past when asked neutral questions, involve children’s own bodies. In laboratory studies,
when the case at hand reveals a multitude of suggestive children’s false reports can be tinged with sexual con-
techniques. Nothing about the strengths of children’s notations. Young children have made false claims about
memories can inform such cases other than to stress the “silly events” that involved body contact (e.g., “Did the
point that their initial disclosures prior to suggestive in- nurse lick your knee? Did she blow in your ear?”), and
terviewing may have been accurate. these false claims persisted in repeated interviewing
The claim that research on suggestibility denies the over a 3-month period (Ornstein, Gordon, & Larus,
reality of sexual abuse is a straw man. Researchers who 1992). Young children falsely reported that a man put
conduct research in this field uniformly agree that most something “ yuckie” in their mouth (Poole & Lindsay,
claims that children make of sexual abuse are probably 1995, 2001), and falsely alleged that their pediatrician
accurate. The scientific findings merely indicate that had inserted a finger or a stick into their genitals
there are clearly defined situations in which some chil- (Bruck, Ceci, Francoeur, & Renick, 1995), or that
dren’s claims should be carefully examined. Just be- some man touched their friends, kissed their friends on
cause there are some false allegations does not mean that the lips, and removed some of the children’s clothes
all allegations are false. (Lepore & Sesco, 1994). A significant number of pre-
Finally, the argument that the scientific literature school children falsely reported that someone touched
rests on issues raised by the very worst of cases is also their private parts, kissed them, and hugged them
to some degree a red herring. Cases such as Lillie-Reed (Bruck et al., 2000; Goodman, Bottoms, Schwartz-
are of interest to social scientists not simply because of Kenney, & Rudy, 1991; Goodman, Rudy, Bottoms, &
their dramatic components, but also because their com- Aman, 1990). In addition, when suggestively inter-
plexity provides a vast number of examples and details viewed, some children will make false allegations
802 The Child and the Law

about nonsexual events that could have serious legal AUTOBIOGRAPHICAL MEMORY,
consequences were they to occur. For example, DEVELOPMENTAL DIFFERENCES, AND
preschoolers claimed to have seen a thief in their day MECHANISMS OF SUGGESTIBILITY
care (Bruck, Ceci, & Hembrooke, 1997).
The mix of suggestive interviewing techniques in In this section, we cover some topics that, although im-
conjunction with the degree of interviewer bias can ac- portant in the field of children and the law, were not ger-
count for variations in suggestibility estimates across mane to the discussion of Lilly-Reed.
studies. If a ( biased) interviewer uses more than one
suggestive technique, there is a greater chance for taint Children’s Memory for Traumatic Events
than if he or she uses just one technique.
At times, suggestive interviewing techniques result in The discussion of Lillie-Reed focused on the suggestive
false beliefs. Children who incorporate the suggestions influences that can compromise reliable reporting be-
of their interviewers come to truly believe that they cause, as noted earlier, children in this case did not pro-
were victims. vide any abuse-related narratives before this type of
Suggestive interviewing affects the perceived credi- suggestive questioning occurred. Although it might be
bility of children’s statements. The major reason for this argued that children are incapable of reporting trau-
lack of accurate discrimination between true and false matic events without this type of support, the literature
reports is perhaps due to the fact that suggestive tech- clearly does not support this view. Rather, as detailed
niques breathe authenticity into the resulting false re- in this section, a large number of studies show that chil-
ports. When false reports emerge as a result of dren are capable of providing accurate, detailed, and
suggestive interviews, these are not simple repetitions or useful information about actual events, some of which
monosyllabic responses to leading questions. Under are traumatic. It is important to note that the studies in
some conditions, these suggested reports become spon- this section are characterized by the neutral tone of the
taneous and elaborate, going beyond the suggestions interviewer, the limited use of misleading questions
provided by their interviewers. There are no valid scien- (for the most part, if suggestions are used, they are lim-
tific tests to determine which aspects of a report or ited to a single occasion), and the absence of any mo-
which reports are accurate accounts of the past. There is tive for the child to make a false report. When such
no scientific “Pinocchio test ” that indicates that the conditions are present, much, but not all, of what chil-
child’s metaphorical nose is growing longer when his or dren report can be quite accurate. Unfortunately, these
her statement is inaccurate. conditions were not present in the interviews of the
children in Lillie-Reed.
Final Judgment of Lillie-Reed Does Memory for Trauma Differ from Memory
In a 446-page judgment that reviews in detail all aspects in General?
of the case, Judge Eady found the review team guilty of A widespread notion is that memory for traumatic
malice on the grounds of a biased and inaccurate inves- events operates differently from memory for everyday
tigation that was based on opinion rather than scientifi- experiences. The origin of this belief can be traced to
cally based findings. As for Lillie and Reed, Judge the psychiatry of the late nineteenth century. From in-
Eady wrote: terviews with his patients, Pierre Janet (1889) con-
cluded that traumatic experiences disrupt normal
The allegations made against them were of the utmost memory and become “dissociated” or split off from con-
gravity and received sustained and widespread coverage. I scious awareness as the result of a psychological defense
decided, therefore, that each Claimant was entitled to
that works to block the recall of painful events. Like
what is now generally recognised to be the maximum
Janet, Sigmund Freud (1896/1953) asserted that trau-
amount for compensatory damages in libel proceedings. I
award each of them £200,000. . . . What matters primarily
matic memories are subject to “repression” and can seep
is that they are entitled to be vindicated and recognised as into consciousness indirectly by way of symptoms of
innocent citizens who should, in my judgment, be free to psychological disorders. Freud’s claim that memory for
exist for what remains of their lives untouched by the trauma operates differently from memory for nontrau-
stigma of child abuse. (Approved Judgement Lillie and matic events has pervaded the clinical literature. Para-
Reed v. Newcastle City Council & Ors, 2002, p. 443) doxically, two competing theories have emerged in
Autobiographical Memory, Developmental Dif ferences, and Mechanisms of Suggestibility 803

modern clinical thought. Consistent with Freud’s origi- these were never completely registered in memory in
nal beliefs, some have asserted that traumatic experi- the first place.
ences are too overwhelming for children to endure and
Empirical Studies of Memory for Stressful Events
are pushed underground and remain difficult to access
(e.g., van der Kolk & Fisler, 1995). Others have argued Given claims in the clinical literature regarding the spe-
that traumatic experiences are so shocking that they are cial nature of traumatic memories, how well have empir-
indelibly fixed in memory and preserved over time in a ical studies squared with these claims? As a whole, the
pristine form (e.g., Koss, Figueredo, Bell, Tharan, & empirical literature on children’s recall of distressful
Tromp, 1996). events is inconsistent with beliefs that memory for
trauma operates differently from memory in general.
Two Types of Traumatic Memory?
Rather, existing evidence suggests that memory for trau-
One widely cited solution for these disparate effects of matic events behaves very much like memory for every-
trauma has been proposed by Terr (1991, 1994). Terr day experiences.
distinguishes between two types of trauma: Type I in-
volves a single, shocking event, such as an attempted Recall of Traumatic Events Is Generally Accu-
murder or a natural disaster, and Type II deals with re- rate. First, numerous investigations have demon-
peated, chronic traumatic experiences, such as multiple strated that, like everyday experiences, traumatic
incidents of sexual abuse. According to Terr, Type I experiences can be recalled quite well, even by children
traumas create detailed and precise memories, whereas as young as 3 years of age. Studies of children’s memory
Type II traumas lead to fragmented or even nonexistent for natural disasters, such as Hurricane Andrew
memories. After many traumatic events, children learn (Bahrick, Parker, Fivush, & Levitt, 1998; Shaw, Apple-
to cope with the fear or pain by dissociating, or sepa- gate, & Schorr, 1996) and the explosion of the space
rating themselves from the experience as it is occur- shuttle Challenger (Warren & Swartwood, 1992), pres-
ring, thereby causing impoverished encoding and ent evidence of detailed and generally accurate memo-
limited or no memory. ries over long delays. Likewise, examinations of
Evidence for this distinction comes from clinical case children’s recall of highly distressful medical proce-
reports. Most notably, Terr (1988, 1991) contrasted a dures, such as emergency room visits for trauma (Howe,
group of 5- to 14-year-old children who were kidnapped Courage, & Peterson, 1995; Peterson & Whalen, 2001),
from their school bus and buried in a truck trailer, with bone marrow transplants (Stuber, Nader, Yasuda,
20 children who were abused repeatedly before 5 years Pynoos, & Cohen, 1991), lumbar punctures (Chen,
of age. Terr reported that all of the kidnapped children Zeltzer, Craske, & Katz, 2000), and chemotherapy treat-
recalled the event in vivid detail after a 5-year delay, ments (Howard, Osborne, & Baker-Ward, 1997), show
whereas the repeatedly traumatized children exhibited that children retain enduring and largely faithful memo-
poor or no verbal recall because they had learned to re- ries for these experiences.
press their memories. To illustrate, research by Ornstein and his colleagues
Although seemingly sensible, a careful examination on children’s retention of a voiding cystourethrogram
of Terr’s (1988, 1991) comparison reveals numerous (VCUG)—a painful and stressful radiological proce-
problems. First, the Type I and Type II children dif- dure involving urinary catheterization—has demon-
fered in age; the older (Type I ) children should have strated that 3- to 7-year-olds can provide highly
better memory than the younger (Type II ) children for accurate accounts of this event over a 6-week delay
any experience, not just traumatic experiences. Second, (Merritt, Ornstein, & Spicker, 1994). Related work has
only four of the Type II children endured repeated sex- shown generally accurate memory for this procedure for
ual abuse, and three of them were under the age of 2 children over delays of 5.5 years (Pipe et al., 1997).
years when they were abused. Based on the empirical Investigators who employ the VCUG paradigm to
literature (reviewed later), however, all events, not just study the effects of trauma on memory argue that the
traumatic events, experienced before 2 years of age are VCUG is a forensically relevant event because in some
inaccessible to verbal recall. Third, Terr’s argument ways it is similar to situations of sexual abuse. Children,
that repeated trauma leads to alterations in memory im- some of whom are restrained, are handled by adults
plies that well-organized memories for such occur- while the genital area is uncovered. The event is quite
rences should never be available for retrieval because painful, as it involves passing a catheter into the urinary
804 The Child and the Law

bladder and filling the bladder to capacity with contrast become increasingly likely to erroneously incorporate
fluid. Also, the child is asked to urinate on the examining information from intervening, like traumatic events into
table—a potentially embarrassing activity, especially their accounts of the original occurrence. For example,
for young children who have been toilet-trained recently. one child who was asked to recall the details of an emer-
Despite the high levels of anxiety experienced by gency room treatment for an eye injury that had taken
most of the children who undergo this examination, how- place 6 months prior mistakenly reported that the doctor
ever, some have questioned the relevance of the VCUG to had fixed his tooth and put medicine in his mouth—ac-
situations involving sexual abuse because it is a socially tivities consistent with another hospital room visit that
sanctioned procedure. However, this criticism may be ir- had occurred in the preceding month. Of particular im-
relevant to situations in which an abusive adult provides portance, although nonexperienced details imported
the young victim a misleading framework characterizing from intervening experiences generally do not hinder
their interactions as conventional, such as describing the the accuracy of children’s reports, an interviewer who is
abuse as a secret game or a special relationship. Further, not privy to the details of the original event likely would
to the extent that children lack an understanding of the not be able to differentiate the children’s reports in
diagnostic value of the VCUG, some may conceive of terms of actually experienced events versus intervening
this procedure as a betrayal by trusted caregivers rather events—an important point given that forensic inter-
than a medically necessary examination. viewers rarely know exactly what happened.

Memories for Trauma Are Subject to Forgetting. Memories for Trauma Are Vulnerable to Con-
Like ordinary memories, memories for trauma become structive Distortions from Internal Factors. Mem-
less accessible as the delay interval increases. Usually, ories for distressful events may change over time as the
with the passage of time, peripheral or inconsequential result of internal thoughts, such as expectations, feel-
details are lost most readily and the gist or central de- ings, preferences, and goals. To illustrate, Pynoos,
tails persist (Goodman, Hirschman, Hepps, & Rudy, Steinberg, and Aronson (1997) reported that some chil-
1991; Peters, 1997; Peterson & Bell, 1996). To illus- dren who witnessed brutal domestic violence erro-
trate, Peterson and Whalen (2001) showed that although neously recalled intervening to help the abused parent.
children maintained generally accurate memory over a Likewise, consider an investigation by Ornstein and his
5-year period for an accident (e.g., lacerations, bone colleagues (1998) in which 4- and 6-year-old children’s
fractures, burns, and dog bites) and medical attention in memory was assessed for a mock physical examination
a hospital emergency room, some aspects of the experi- that included some highly expected medical features
ence, particularly the details of the treatment, were lost (e.g., measuring weight) while omitting others, and in-
during the delay. Moreover, the general components of corporated several atypical, unexpected features (e.g.,
the injury were retained better than smaller details. collecting a sputum sample). After a 12-week delay, but
not during an immediate interview, the children exhib-
Memories for Trauma Are Susceptible to Con- ited a relatively high frequency of spontaneous intru-
structive Distortions from External Events. Trauma sions of typical, but not atypical, medical features that
memories, like memories for more mundane events, are had not been included in their checkups. In fact, 42% of
vulnerable to constructive distortions or confusions from the 4-year-olds and 72% of the 6-year-olds made at least
other, similar experiences. That is, existing memories of one such intrusion at the 12-week assessment, whereas
trauma can be altered during the course of the interval essentially none of the children reported in their sponta-
between the experience and the report of it, when infor- neous recall any of the atypical procedures that had not
mation from intervening experiences becomes incorpo- taken place during their examinations.
rated into the original memory. For example, Principe, Taken together, empirical studies demonstrate con-
Ornstein, Baker-Ward, and Gordon (2000) provided evi- vincingly that memories for traumatic experiences act
dence that television programs can produce later fabrica- like memories in general. Children’s trauma memories
tions of medical procedures that were nonexperienced but are not repressed or hidden from consciousness; rather,
seen on television. the core of the event tends to be well remembered over
Howe et al. (1995) have shown that, as the delay be- time. Although trauma memories are enduring, they are
tween a trauma and later interviews increases, children not indelibly preserved in storage in their original form.
Autobiographical Memory, Developmental Dif ferences, and Mechanisms of Suggestibility 805

Rather, their details tend to fade from memory with enced 1 year earlier, they used only words that were part
time. Nor are traumas immune to constructive distor- of their vocabulary when the event was experienced
tions; intervening events and internal ruminations can (Simcock & Hayne, 2002). These provocative findings
alter memory. Thus, it seems that traumatic memories suggest that children cannot translate memories into lan-
are not of a unique nature, nor do they require special guage if the words were not available when the memo-
principles to explain their operation. ries were formed. This work indicates, then, that it is
There is one qualification to these general conclu- difficult, if not impossible, for children or adults to pro-
sions, and this involves the long-term memories of very vide verbal testimony about events that occurred before
young, often nonverbal children who are later asked to the onset of productive language.
recount an event. In other words, can children or adults
Are Traumatic Events More or Less Memorable
accurately recall events that occurred during the first 2
Than Everyday Events?
years of life? This is a very complicated issue about
which much has been written, but it can be summarized Although it is clear that traumatic memories are subject
with a few major points. to the same mechanisms as normal memories, the ques-
First, it is clear that throughout infancy, nonverbal tion remains whether traumatic events are more or less
memories for certain types of sequenced events develop memorable than more mundane events. It is somewhat
such that some infants as young as 13 months at the time difficult to answer this question because few studies
of original exposure to a simple event are able to nonver- have directly compared memory for traumatic experi-
bally reenact three-step sequences following delays as ences with memory for nontraumatic experiences within
long as 12 months (Bauer, Wenner, Dropik, & Wewerka, the same children. Nonetheless, what evidence exists
2000). Although these investigations provide ample evi- suggests that traumatic events often have certain fea-
dence that infants are capable of retaining information tures that make them more or less memorable than most
about the past, exactly what aspects of their experiences experiences. As such, it is important to understand when
they can remember is unclear. In the infancy work, re- and how distress might translate into more or less de-
tention is inferred on the basis of changes in behavior, tailed, accurate, or enduring memories. Factors such as
such as kicking more vigorously or reproducing a set of the distinctiveness of an experience, children’s under-
actions. Behavioral responses, however, are not equiva- standing of the experience, and their level of distress
lent to demonstrations of autobiographical memory. Au- during the experience can affect the processes involved
tobiographical memory involves a process in which in encoding, storage, and recall, and consequently affect
stored information is made consciously available and re- the memorability of traumatic occurrences.
membered as an actual experience, that is, occurring at
a particular time, in a particular place, and under partic- The Distinctiveness of the Experience. One fac-
ular circumstances. tor that might affect the memorability of trauma con-
Nonetheless, these findings of infant retention may cerns the distinctiveness or uniqueness of the event
be relevant to discussions of children’s testimony if against the background of the particular child’s past ex-
early memories first expressible only through behavior periences (Howe, 1998). Studies of event memory
later become verbally expressible once children have ac- demonstrate that unique events, whether negative or
quired the ability to talk about past experiences. A num- positive in tone, tend to be better remembered than fa-
ber of investigations, however, have provided compelling miliar or routine events (Fivush & Schwarzmueller,
evidence that children cannot gain verbal access to 1998; Hudson, Fivush, & Kuebli, 1992). For example, by
memories stored without the benefit of language. In a 3 years of age, children are able to retain generally accu-
study of children’s recall of traumatic injuries that oc- rate and detailed memories over extended delays for
curred between 13 and 34 months of age, Peterson and novel events such as airplane rides and visits to Disney
Rideout (1998) found that 2-year-olds who were unable World and special museums (see Fivush, 1993, for a re-
to provide a narrative account of the injury immediately view). However, children have great difficulty recalling
after it took place produced fragmentary and moder- single episodes of familiar or repeated events, such as
ately inaccurate accounts of this event during subse- what happened one time that they went to McDonald’s
quent interviews. Similarly, when 3-year-old children or what happened on a specific day at preschool (Fivush,
were asked to recall a novel event that they had experi- 1984; Hudson & Nelson, 1983; Myles-Worsley, Cromer,
806 The Child and the Law

& Dodd, 1986). These patterns indicate that single dis- As noted by Howe (1998), this argument is in line
tinctive experiences are more memorable than single with studies showing that as the novelty of stressful sit-
episodes of familiar events. uations dissipates, so does their memorability. Consider,
Extending this logic to traumatic events, trauma may for example, individuals in emergency response teams
be better remembered than other events to the extent who acclimate to experiences that may seem upsetting
that it deviates from the typical experiences of children, to most. This example illustrates that previously distinc-
rather than merely as a function of the distress that it tive experiences may lose their uniqueness, and hence
brings about (Howe, 1998). A fire at a preschool that their memorability, with additional experience. In the
prompts an emergency response by the fire department next section, we review evidence that directly examines
might be recalled better than last Monday’s snack or the effects of repeated experience on memorability.
trip to the park, not necessarily because of the distress
evoked by the situation, but because it stands out from Effects of Repeated Experience on Event Memo-
the usual. Like the fire, a visit by the SPCA or a trip to rability. Despite the lack of evidence supporting
the planetarium might be well remembered because such Terr’s (1994) distinction between Type I and Type II
events are inconsistent with children’s expectations of trauma, the experimental literature on children’s mem-
what usually happens at school. ory makes it clear that memories of repeated experi-
In support of this account is work by Ornstein (1995) ences are quite different from memories of single
examining memory for the VCUG that shows that chil- events. However, the reasons for these differences are
dren’s reports of this distressful medical procedure are not the ones proposed by Terr.
more complete and more accurate than their accounts of Repeated experience with an event can have both
a routine pediatric checkup. One explanation for this beneficial and baleful effects on children’s memory, de-
finding is that the VCUG is better remembered because pending on the nature of the event details being recalled.
it is a single distinctive experience made up of unfamil- After multiple occurrences of an event, details that gen-
iar activities, such as a catheterization, a fluoroscopic erally are experienced the same way during each occur-
filming, and urinating on the examining table. In con- rence are strengthened in memory. Consequently, with
trast, the well-child checkup is a repeated, familiar repeated experience, children’s reports become increas-
event made up of recognizable actions, many of which ingly general or script-like, focusing on what usually
are often part of young children’s pretend play. happens (Pezdek & Roe, 1995; Powell & Thomson,
Further supporting the notion that the uniqueness of 1996). However, with regard to children’s recall of de-
trauma enhances memorability is work by Stein (1996), tails that vary across occurrences (e.g., remembering
who found that children’s accounts of emotional expe- what clothing was worn by a person the last time the
riences, both positive and negative, tend to focus on event was experienced, when the items of clothing dif-
those aspects that are novel or different from what is fered each time), repeated experience has detrimental
expected. Stein argues that it is the violation of the typ- effects on children’s ability to remember a particular
ical, not direction of the emotion evoked by the event, occurrence. Specifically, the number of correct details
that facilitates memory, as distinctive events can elicit reported about a particular episode of a repeated event is
positive as well as negative emotions. Consistent with lower than when recalling a one-time event, as details of
this contention is an investigation by Fivush, Hazzard, specific occurrences are omitted or confused among
Sales, Sarfati, and Brown (2003) that revealed that episodes (Hudson, 1990). Although children’s general
children living in violent, inner-city neighborhoods re- reports of repeated events are largely accurate, in the
called positive events in more descriptive detail than sense that they describe the gist of what usually hap-
negative events. Fivush and her colleagues attribute the pens, they lack detail and may not be veridical with any
heightened recall of positive events to a violation of ex- one instance of the event.
pectation; for children living in conditions of chronic The problems associated with children’s recall of the
violence, positive experiences may be distinctive and variable details of an occurrence of a repeated event are
therefore more completely remembered than negative accentuated under certain conditions. The more fre-
events. In contrast, a single traumatic event may not quently events are experienced, the longer the time
stand in stark contrast to their daily lives and would not delay between the event and the interview; the greater
be expected to persist in memory. the similarity between the events, the more difficult it is
Autobiographical Memory, Developmental Dif ferences, and Mechanisms of Suggestibility 807

for children to keep track of which details were included genital touching, they may not be aware of the inappro-
in a particular occurrence (Lindsay, Johnson, & Kwon, priateness of genital fondling versus everyday hygiene
1991). Further, the accuracy of children’s recall of an and, as a result, construct a very different memory for
occurrence of a repeated event is shaped by the manner the encounter than do older children who have learned
in which memory is tested. When children are asked to the impropriety of this behavior.
freely report what happened in an occurrence of a re- This argument is most relevant to young sexual abuse
peated event, they provide few specific features that dis- victims because most abuse with this age group does not
criminate one occurrence from others in the series. In involve vaginal or anal penetration. It most often in-
contrast, when questions are asked that focus the child cludes exhibitionism, fondling, photography, and oral
on specific aspects of the event that were likely to have fellatio. To the extent that children do not interpret these
varied, confusion between the occurrences is more evi- activities as sexual or inappropriate, they may not be
dent (Powell & Thomson, 1997). perceived as any more distressful than ordinary forms
Unlike Terr’s (1994) speculation that multiple expe- of affection, cleaning, or diapering, and would not be ex-
riences lead to poorer memory, it simply may be that the pected to be any more memorable. The important point
details of individual episodes are not recalled as well here is that what is considered traumatic by adult stan-
when they have happened on numerous occasions than dards might not be construed as such by a young child.
when they have happened only once. But, as discussed
earlier, although the details of repeated events fade as Stress. A number of investigators have proposed
the memory becomes increasingly general and abstract, that individual differences in children’s behavioral reac-
the gist tends to be well maintained and largely accurate. tions to stress can impact their encoding and retention
The only study to examine children’s memory for re- of a traumatic experience (Howe, 2000; Ornstein, Man-
peated trauma was done by Howard et al. (1997). Chil- ning, & Pelphrey, 1999). If one child responds to anxiety
dren who were in remission from cancer were asked to by closing her eyes and covering her ears, she is prevent-
recall the details of chemotherapy treatment that had ing encoding of visual and auditory stimuli associated
lasted for an average of 21 months and had ended over with the event. However, if another child deals with his
2.5 years earlier. The children’s reports of their treat- feelings of fear by asking questions about what is being
ment were quite extensive and highly accurate. Further, experienced, he may likely generate a well-organized
no parent agreed with the statement “My child cannot and enduring memory for the event.
recall the treatment because he/she has actively blocked Despite the intuitive appeal of this prediction, mea-
it out.” Thus, Terr’s (1994) contention that repeated, or sures of stress have faired poorly in how well they predict
Type II, trauma is unavailable to conscious recall is not children’s memory for a traumatic event. Some authors
supported by empirical evidence. argue that stress experienced as an event is taking place
strengthens children’s abilities to focus and thus facili-
Existing knowledge. A central determinant of tates the encoding of information (Fivush, 1998; Good-
what is selected for attention and placed in memory is man, Hirschman, et al., 1991; Shrimpton, Oates, &
existing knowledge. Knowledge influences how children Hayes, 1998), whereas others have found that elevated
monitor the world, interpret events, and encode incom- levels of stress impede memory (Howard et al., 1997;
ing information (Bjorklund, 1985; Chi & Ceci, 1987; Merritt et al., 1994; Peters, 1997). Still others have
Ornstein & Naus, 1985). One implication of the litera- shown mixed or no significant effects of stress on mem-
ture is that in situations where a child does not under- ory (Bruck, Ceci, Francoeur, & Barr, 1995; Goodman &
stand what is happening, he or she will have little basis Quas, 1997; Howe et al., 1995; Peterson & Bell, 1996).
for later remembering what was experienced. For exam- To some extent, these discrepancies may be due to the
ple, when child abuse victims are young enough to have various indices of stress that have been used. Measures
almost no sexual knowledge, they likely will have trou- used range from self or parental behavioral ratings of
ble interpreting and remembering what took place. Al- stress (ratings of stress as adduced by a parent or objec-
though children as young as 2 or 3 years will understand tive observer) to physiological ( heart rate, blood pres-
that “something is wrong” if they experience the physi- sure) and neuroendocrine indicators (salivary cortisol).
cal pain associated with anal or vaginal penetration, Not only are few of these measures associated with one
when they experience milder forms of abuse, such as another, but few of these measures show a consistent
808 The Child and the Law

relationship with recall. For example, in an investigation took your clothes off, didn’t he?”). The other children
of children’s memory for a VCUG, Merritt and her col- received a high-pressure interview; they were told that
leagues (1994) observed a negative association between their friends had answered the leading questions affir-
stress and memory with behavioral ratings of stress but matively, they were praised for assenting to the mis-
not with salivary cortisol. leading questions, and when they did not assent, the
As discussed by Ornstein and his colleagues (1999), question was repeated. In both conditions, there were
an adequate understanding of the effects of stress on no significant age differences in the percentage of mis-
memory may involve using moment-by-moment indica- leading questions answered affirmatively, although a
tors of arousal as an event is occurring rather than sum- significant number (68%) were assented to in the high-
mary measures ( be they behavioral, physiological, or pressure condition (see also Bruck et al., in press;
neuroendocrine) that essentially result in an estimate of Zaragoza et al., 2001). It has also been found that under
the average level of anxiety experienced during the event. some conditions, older children are more suggestible
This is important because the amount of stress experi- than younger children (e.g., Finnila et al., 2003;
enced may vary considerably as the event unfolds, with Zaragoza et al., 2001).
some moments accompanied by high levels of arousal and Many of the suggestive techniques used in the child
other moments experienced with nonchalance. studies also produce tainted reports or false memories in
On the basis of this brief review, it is apparent that adults (e.g., see Loftus, 2003). An illuminating piece of
special mechanisms are not needed to account for mem- evidence for this assertion is the work of Kassin and
ory for traumatic experiences. Whether the event is a Kiechel (1996). They have shown that college students
single occurrence or repeated on multiple occasions, will often erroneously claim they broke a computer after
traumatic experiences are remembered as least as well as being told that they did by an experimenter. Moreover,
if not better than more mundane experiences. Traumatic they will internalize this belief, tell others they acciden-
memories, however, like ordinary memories, can be falli- tally broke the computer, and sign a statement to this
ble, incomplete, and malleable. What a child remembers effect, agreeing to donate 8 hours of service to the ex-
about a traumatic event is based on constructive perimenter in reparation for the alleged breakage.
processes that result from the complex interactions of a Thus, although suggestibility is highest among pre-
wide range of cognitive and social variables that affect school children, this type of memory distortion occurs
the encoding of the original event, the storage of informa- at all ages.
tion memory, and the retrieval of material from storage. In terms of autobiographical recall, preschoolers are
also least able to provide details of actually experienced
events (e.g., Baker-Ward, Gordon, Ornstein, Larus, &
Developmental Differences in Suggestibility
Clubb, 1993; Cassel et al., 1996; Ceci & Bruck, 1995;
and Autobiographical Recall
Lamb et al., 2003; Quas et al., 1999). When asked open-
In the review of the literature that was pertinent to the ended questions, preschool-age children can recall rele-
Lillie-Reed case, we focused on studies of preschoolers vant and accurate information, but they often are less
( because this was the age group under consideration) responsive and provide fewer spontaneous memory re-
without discussing developmental differences. Al- ports than older children and adults (Bahrick et al.,
though the research findings demonstrate that pre- 1998; Goodman, Hirschman, et al., 1991; McCauley &
school children are especially susceptible to the Fisher, 1995; Ornstein et al., 1992; Peterson, 1999; Say-
deleterious influence of suggestive interviewing tech- witz, 1987).
niques (Ceci & Bruck, 1993; Ceci & Friedman, 2000),
their greater vulnerability is a matter of degree only; Mechanisms Underlying
even much older children and adults will succumb to Children’s Suggestibility
suggestions and pressures (Bruck & Ceci, 2004). For
example, Finnila et al. (2003) staged an event (a version The search for mechanisms underlying children’s sug-
of the Paco visit we described earlier) for 4- to 5-year- gestibility is an enterprise that attempts to integrate de-
olds and 7- to 8-year-olds. One week later, half the chil- velopmental differences in basic cognitive skills and
dren were given a low-pressure interview that contained social behaviors with developmental differences in sug-
some misleading questions with abuse themes (e.g., “He gestibility. The general strategy is to link the reduction
Autobiographical Memory, Developmental Dif ferences, and Mechanisms of Suggestibility 809

in suggestibility with the development of social and cog- (Ricci & Beal, 1998), and their tendency to rely more
nitive skills. Methodologically, hypotheses that emerge on verbatim than gist memory (Brainerd & Reyna,
from this exercise are tested in correlational studies 1990; Foley & Johnson, 1985). Young children have
whereby the levels of children’s suggestibility are corre- weaker memory traces and show steeper forgetting
lated with their performance on a range of tasks that as- curves (Baker-Ward et al., 1993; Brainerd, Reyna,
sess the predicted mechanisms (see Bruck & Melnyk, Howe, & Kingman, 1990). They are also inferior to
2004, for a review). school-age children in terms of the strength of stored
Some of the attempts to pinpoint the mechanisms un- representations, because use of storage strategies, such
derlying children’s suggestibility examine the relative as rehearsal and organization of stimuli, is uncommon
importance of social versus cognitive factors that under- among preschool children. They exhibit production
lie suggestibility effects. On the one hand, it is argued deficits when it comes to retrieval strategies (e.g., use
that the child (or adult) adopts suggestions in order to of category information) needed to search and facili-
defer to or comply with the agenda of the questioner. In tate their memories (Cox, Ornstein, Naus, Maxfield, &
other words, for social reasons, the children repeat sug- Zimler, 1989; Schneider & Bjorklund, 1998). All of
gestions that they know to be inaccurate. At the other these deficits conspire to render them dependent on ex-
extreme, there is the view that suggestibility effects re- ternal cues, such as an interviewer’s prompts or ques-
flect cognitive weaknesses. For example, the child may tions, to retrieve information stored in long-term
incorporate a suggestion because he or she forgets the memory (Priestley, Roberts, & Pipe, 1999).
original event or is confused as to whether he or she saw Young children’s limited knowledge constrains their
the original event or the suggestion. Of course, both fac- ability to incorporate and organize new information
tors may underlie suggestibility effects; for example, (Chi & Ceci, 1987; Johnson & Foley, 1984; Lindberg,
social factors may first influence assents to misinforma- 1980; Ornstein, 1990; Schneider & Bjorklund, 1998).
tion or misleading questions, but with time, the assents Because of a lack of knowledge, they do not introspect
may lead to cognitive impairments involving memory into the inner workings of their memories to monitor
changes (see Ceci & Bruck, 1995). Or, because of chil- when they need to engage in more mental work to con-
dren’s less developed cognitive skills, they may be more solidate a memory. Because young children fail to en-
willing to defer to the perceived agenda of their adult in- gage in strategies and insights, their memories are
terviewer. In the following paragraphs, we attempt to sometimes weaker and more susceptible to alteration by
provide a bird’s-eye view of the various hypotheses that insinuations and false suggestions.
have been put forward to account for age-related reduc- In addition, preschoolers lack skill at distinguishing
tions in children’s suggestibility. As will become evi- between two or more sources of input into their memo-
dent, some of the proposed cognitive mechanisms also ries (Gopnik & Graf, 1988; Wimmer, Hogerfe, &
account for age-related changes in children’s autobio- Perner, 1988), thus confusing things they heard with
graphical memory. things they saw, and vice versa (Johnson & Foley, 1984;
The focus on children’s memory is of central inter- Lindsay et al., 1991). They also are more likely than
est because it is commonly found that children with older groups to exhibit a confusion between reality and
poor memory of an event are more suggestible about fantasy that can lead at times to the belief that some-
that event (e.g., Marche, 1999; Marche & Howe, 1995; thing was directly experienced when, in reality, it was
Pezdek & Roe, 1995). This has led to the following ob- merely dreamed about or imagined (Foley & Johnson,
servations and proposals. As children grow older, their 1985; Foley, Santini, & Sopasakis, 1989; Lindsay &
memories become more efficient because of the acqui- Johnson, 1987). This is called “source confusion,” and
sition of strategies, knowledge, and self-insights about young children are more likely to exhibit it, such as
their memory (so-called metamemory). Preschool-age when they misattribute an interviewer’s suggestions to
children have limited skill at using encoding, storage, actual experiences (Ackil & Zaragoza, 1995).
and retrieval strategies (Brainerd, 1985; Brainerd & Another limitation of preschoolers that may be related
Ornstein, 1991; Loftus & Davies, 1984). They often to suggestibility concerns so-called scripted knowledge.
fail to encode new events efficiently due to their selec- Scripts are temporally organized expectations regarding
tive focus on salient or central features (Bower & typical and habitual routines of an event (Ceci & Bruck,
Sivers, 1998), their lack of knowledge about the events 1993). It has been reported that young children are more
810 The Child and the Law

susceptible than older children to the negative effect of The socioemotional pressure to comply in forensic in-
scripted knowledge (Farrar & Goodman, 1992; Hudson, terviews may result from children’s limited perspective-
1990; Hudson & Nelson, 1986; Powell & Thomson, taking skill (Flavell, 1992). They lack the knowledge of
1996). For example, young children might report erro- the interviewer’s motivation, the purpose of questioning,
neously that a certain event occurred as it usually hap- and the forensic relevance of their responses. They some-
pens in their script, even though the event was not times acquiesce to suggestive questions to avoid humilia-
witnessed at that instance. In other words, young children tion, assuming that their lack of knowledge may be
have trouble recalling novel details of a single event that viewed unfavorably.
are inconsistent with their generalized script of the event Despite this long list of possible mechanisms, there
(Farrar & Goodman, 1992). This tendency to overly rely are very few data to support any of these hypotheses
on the scripted knowledge might lead them to be more (see Bruck & Melnyk, 2004). One of the implications of
vulnerable to overgeneralizing their scripts. this is that at present, we cannot accurately predict the
For the cognitively unarmed child, an interrogation types of children who might be most suggestible.
by experts is no contest: Children can be made to say
things that are incriminating, even if they are false. In
the summer of 1999, the city of Chicago witnessed a
grisly murder and sexual assault of an 11-year-old girl FUTURE DIRECTIONS
named Ryan Harris. In the aftermath of discovering
Ryan’s body, two boys, ages 7 and 8, confessed to mur- Since the end of the 1980s, developmental psychology
dering her. The boys made their confessions without has made enormous progress in providing a scientific
counsel present during a lengthy interrogation. Later, a basis for the studies in children in the law. In this chap-
27-year-old ex-convict’s semen was found on the dead ter, we have shown the extent of this progress in under-
girl’s body, and he now stands indicted for her murder. standing aspects of children’s testimony before they
Why would those two boys falsely admit to things they come into the courtroom and once they are there. Al-
didn’t do? One possible answer lies in their eagerness to though there may be new areas of interest in the coming
please adult authority figures by complying with the decade, spurred by current basic research or by current
boys’ beliefs about what the police wanted them to say. societal problems, the existing research calls for impor-
Children might respond with a very compliant attitude tant modifications and changes in the current system.
during an interrogation, especially if they are highly First, the most significant implication of the research
praised and given attention that is rare in their everyday on adults’ memories of interviews with children is that
life. The boys in the Chicago case sat around a table with interviewers should be mandated to electronically pre-
two uniformed officers; they held hands around the serve all (and especially the very first) of their inter-
table and pledged to be on the “same team.” The offi- views with children. If courts are interested in historical
cers bought the boys food and explained that they could accuracy, there is simply no substitute for a tape that
go home as soon as they helped the rest of the team clear can be played to verify the accuracy of the interviewer’s
up Ryan Harris’s murder. After several hours of interro- recall and the details of the discussion that took place
gation without the presence of an attorney or family between the interviewer and child. Although there may
member, each boy ended up admitting to a series of be- be times when it is not feasible to electronically record
haviors that they almost certainly could not have en- interviews (specifically, when parents question their
acted, including raping the dead girl. children at home or in the car), it is nevertheless impor-
Without foreseeing the ramifications of their state- tant for jurors and judges to know how to interpret
ments, children learn that noncompliance is met with hearsay testimony and to consider the potential for dif-
negative reaction by adults, and so they avoid challeng- ferent types of errors, even though the testimony may be
ing adults’ suggestions in their daily experiences and in compelling and be offered in good faith.
the courtroom situations as well (Saywitz & Moan- Despite the dramatically consistent scientific find-
Hardie, 1994). Children’s eagerness to please adults is ings that interviewers have poor recall of both the con-
easily exploitable by interrogators as well as defendants tent and the structure of their interviews with children,
seeking their help. only a handful of states mandate electronic recordings.
Future Directions 811

Agencies or jurisdictions defend the absence of this pro- Lamb and his colleagues from National Institute of Child
cedure on a number of grounds, including the claim that Health and Development have taken the lead in this field.
videotaping would provide the defense with evidence to They have developed one such protocol (for details of the
be used against the child victim, or that agencies do not protocol, see Orbach et al., 2000; Sternberg, Lamb, Or-
have the facilities to carry out these procedures, or that bach, Esplin, & Mitchell, 2001) that emphasizes the use
the child had already been interviewed prior to the first of open-ended questions to obtain detailed reports from
investigative interview. These are not viable reasons. children; specific and leading questions should be used
First, if there is evidence of suggestive interviewing, only when necessary and only at the end of the interview.
then this exculpatory evidence must be turned over to This interview schedule was specifically developed for
the defense. If the interviews are well carried out, how- children suspected of being sexually abused; however,
ever, electronic copies will be useful to the prosecution. with a few modifications, it is also applicable for inter-
In this electronic age, the cost and ease of obtaining viewing children about a variety of topics.
videotaped or audiotaped statements from children is Although this team of researchers has made enormous
negligible. It should be part of every professional’s contributions to the field, there need to be further studies
training to know how to obtain the best quality records that examine modifications to protocols (e.g., having dif-
possible. Finally, although it is true that children are ferent protocols for different age groups). In addition, it is
sometimes (suggestively) interviewed by parents or important that these protocols be tested in the laboratory
other caretakers prior to their first investigative inter- as well as in the field (i.e., interviewing children sus-
view, this does not preclude the necessity of videotaping pected of abuse). The latter methodology provides infor-
the first official and subsequent sessions. For example, mation about feasibility, whether it is possible to train
in Lillie-Reed, before the first investigative interview, all interviewers to follow the protocol, whether children can
parents had reported that their children had disclosed follow the instructions, as well as the amount and quality
abuse (and their reports also revealed suggestive inter- of information that children provide. However, these stud-
viewing techniques); however, careful inspection of the ies do not provide information on the reliability or the ac-
first videotaped interviews with the children by the po- curacy of children’s reports. This is because interviewers
lice showed that the children did not disclose what the simply do not know the details about the event that the
parents had reported. With suggestions from the police, children are reporting. To address issues of accuracy and
the children eventually did disclose. Without the video- reliability, the accuracy of children’s reports must be ver-
tape, the nature of the children’s police disclosures ified; this can be achieved through laboratory studies in
would have been lost. What would have remained was which children are asked to recall events about which the
the parents’ reports of disclosures and the police reports researcher has full knowledge.
of disclosures. Third, even though there is some progress in the con-
When a crime has been committed and evidence is struction of standardized interviewing protocols, this
being collected from the crime scene (the weapon, blood must be accompanied by the development of programs to
samples), the investigators are not permitted to simply teach interviewers how to use these protocols. This is not
inspect these pieces of evidence, make notes about their an easy task; training is intensive, often lasting days and
appearance, and then throw the evidence away. This sometimes weeks. In part, this is because interviewers in
would not be allowed into a court of law because the in- training must give up previous automatic strategies,
vestigators’ reports would be unreliable. For the very many of which they may not be aware of using. Anecdo-
same reasons, children’s reports of victimization should tal reports suggest that even after intensive training, in-
be handled in the same careful way required for physical terviewers will not faithfully follow the protocols unless
evidence at crime scenes. The only means to achieve this there are intermittent reeducation sessions. The cost and
goal is through electronic recording. time required to retrain a large workforce in this area
Second, there is a clear need for further work on the will be great. However, as a start, one would hope that
development of empirically validated interview sched- all professional training programs (undergraduate, grad-
ules for interviewing children. The developmental re- uate, and certificate) would redesign their curriculum to
search has proved the basic foundation for the general ensure that their graduates will be properly trained to
structure and constraints of such protocols. Michael interview children.
812 The Child and the Law

REFERENCES Bruck, M., Ceci, S. J., Francoeur, E., & Renick, A. (1995). Anatomi-
cally detailed dolls do not facilitate preschoolers’ reports of a pe-
diatric examination involving genital touch. Journal of
Ackil, J. K., & Zaragoza, M. S. (1995). Developmental differences in Experimental Psychology: Applied, 1, 95–109.
eyewitness suggestibility and memory for source. Journal of Ex-
Bruck, M., Ceci, S. J., & Hembrooke, H. (1997). Children’s false re-
perimental Child Psychology, 60, 57–83.
ports of pleasant and unpleasant events. In D. Read & D. S. Lind-
Ackil, J. K., & Zaragoza, M. (1998). The memorial consequences of say (Eds.), Recollections of trauma: Scientific research and
forced confabulation: Age differences in susceptibility to false clinical practice (pp. 199–219). New York: Plenum Press.
memories. Developmental Psychology, 34, 1358–1372.
Bruck, M., Ceci, S. J., & Hembrooke, H. (2002). Nature of true and
Amato, P. R. (2000). The consequences of divorce for adults and chil- false narratives. Developmental Review, 22, 520–554.
dren. Journal of Marriage and the Family, 62, 1269–1287.
Bruck, M., Ceci, S. J., Melnyk, L., & Finkelberg, D. (1999, April).
Bahrick, L., Parker, J. F., Fivush, R., & Levitt, M. (1998). The effects The ef fect of interviewer bias on the accuracy of children’s reports
of stress on young children’s memory for a natural disaster. Jour- and interviewer’s reports. Paper presented at the biennial meeting
nal of Experimental Psychology: Applied, 4, 308–331. of the Society for Child Development, Albuquerque, NM.
Baker-Ward, L., Gordon, B. N., Ornstein, P. A., Larus, D. M., & Bruck, M., London, K. Landos, R., Goodman, J. (in press). Autobio-
Clubb, P. A. (1993). Young children’s long-term retention of a pe- graphical memory and suggestibility in children with autistic
diatric examination. Child Development, 64, 1519–1533. spectrum disorder. Developmental Psychopathology.
Barker, R., Jones, J., Saradjian, J., & Wardell, R. (1998). Abuse in the Bruck, M., & Melnyk, L. (2004). Individual differences in children’s
early years. (Report of the independent complaints review team on suggestibility: A review and synthesis. Applied Cognitive Psychol-
Shieldfield Day Nursery and related matters). Newcaste upon ogy, 18, 947–996.
Tyne, England.
Bruck, M., Melnyk, L., & Ceci, S. J. (2000). Draw it again Sam: The ef-
Bauer, P. J., Wenner, J. A., Dropik, P. L., & Wewerka, S. S. (2000). fect of drawing on children’s suggestibility and source monitoring
Parameters of remembering and forgetting in the transition from ability. Journal of Experimental Child Psychology, 77, 169–196.
infancy to early childhood. Monographs of the Society for Re-
California v. Raymond Buckey et al., Los Angeles County Sup. Ct.
search in Child Development, 65(4, Serial No. 263).
A750900 (1990).
Bauserman, R. (2002). Child adjustment in joint-custody versus sole-
Cassel, W., Roebers, C., & Bjorklund, D. (1996). Developmental
custody arrangements: A meta-analytic review. Journal of Family
patterns of eyewitness responses to repeated and increasingly
Psychology, 16, 91–102.
suggestive questions. Journal of Experimental Child Psychology,
Bjorklund, D. F. (1985). The role of conceptual knowledge in the de- 61, 116–133.
velopment of organization in children’s memory. In C. J. Brainerd
Ceci, S. J., & Bruck, M. (1993). The suggestibility of children’s rec-
& M. Pressley (Eds.), Basic processes in memory development
ollections: An historical review and synthesis. Psychological Bul-
(pp. 103–142). New York: Springer-Verlag.
letin, 113, 403–439.
Bower, G. H., & Sivers, H. (1998). Cognitive impact of traumatic
Ceci, S. J., & Bruck, M. (1995). Jeopardy in the courtroom: A scien-
events. Development and Psychopathology, 10, 625–653.
tific analysis of children’s testimony. Washington, DC: APA Books.
Brainerd, C. J. (1985). Three-state models of memory development:
A review of advances in statistical methodology. Journal of Ex- Ceci, S. J., & Friedman, R. D. (2000). The suggestibility of children:
perimental Child Psychology, 40, 375–394. Scientific research and legal implications. Cornell Law Review,
86, 34–108.
Brainerd, C. J., & Ornstein, P. A. (1991). Children’s memory for wit-
nessed events: The developmental backdrop. In J. Doris (Ed.), The Ceci, S. J., Huffman, M. L., Smith, E., & Loftus, E. F. (1994). Re-
suggestibility of children’s recollections (pp. 10–20). Washington, peatedly thinking about a non-event. Consciousness and Cogni-
DC: American Psychological Association. tion, 2, 388–407.
Brainerd, C. J., & Reyna, V. F. (1990). Gist is the grist: Fuzzy trace Ceci, S. J., Loftus, E. F., Leichtman, M., & Bruck, M. (1994). The
theory and the new intuitionism. Developmental Review, 10, 3–47. possible role of source misattributions in the creation of false be-
liefs among preschoolers. International Journal of Clinical and
Brainerd, C. J., Reyna, V. F., Howe, M. L., & Kingman, J. (1990). The
Experimental Hypnosis, 42, 304–320.
development of forgetting and reminiscence. Monographs of the
Society for Research in Child Development (No. 55). Chen, E., Zeltzer, L. K., Craske, M. G., & Katz, E. R. (2000). Chil-
dren’s memories for painful cancer treatment procedures: Impli-
Bruck, M., & Ceci, S. J. (2004). Forensic developmental psychology:
cations for distress. Child Development, 71, 933–947.
Unveiling four common misconceptions. Current Directions in
Psychological Science, 13(6), 229–232. Chi, M. T. H., & Ceci, S. J. (1987). Content knowledge: Its represen-
Bruck, M., Ceci, S. J., & Francoeur, E. (1999). The accuracy of tation and restructuring in memory development [Special issue].
mothers’ memories of conversations with their preschool chil- In H. W. Reese & L. Lipsett (Eds.), Advances in Child Develop-
dren. Journal of Experimental Psychology: Applied, 5, 1–18. ment and Behavior, 20, 91–146.
Bruck, M., Ceci, S. J., & Francoeur, E. (2000). A comparison of 3- Child Maltreatment 2002. (2004). Reports from the States to the Na-
and 4-year-old children’s use of anatomically detailed dolls to re- tional Child Abuse and Neglect Data Systems—National statis-
port genital touching in a medical examination. Journal of Experi- tics on child abuse and neglect.
mental Psychology: Applied, 6, 74–83. Commonwealth v. Amirault, 424 Mass. 618 (1997) 3, 52n., 91, 92, 98.
Bruck, M., Ceci, S. J., Francoeur, E., & Barr, R. (1995). “I hardly Cox, B. C., Ornstein, P. A., Naus, M. J., Maxfield, D., & Zimler, J.
cried when I got my shot!”: Inf luencing children’s reports about a (1989). Children’s concurrent use of rehearsal and organizational
visit to their pediatrician. Child Development, 66, 193–208. strategies. Developmental Psychology, 25, 619–627.
References 813

Dalenberg, C. J., Hyland, K. Z., & Cuevas, C. A. (2002). Sources for Garven, S., Wood, J. M., Shaw, J. S., & Malpass, R. (1998). More
fantastic elements in allegations of abuse by adults and children. than suggestion: Consequences of the interviewing techniques
In M. L. Eisen (Ed.), Memory and suggestibility in the forensic in- from the McMartin Preschool case. Journal of Applied Psychol-
terview (pp. 185–204). Mahwah, NJ: Erlbaum. ogy, 83, 347–359.
Davies, G. M., & Westcott, H. (1999). The child witness and the Gindes, M. (1998). The psychological effects of relocation for chil-
memorandum of good practice: A research review. London: The dren of divorce. Journal of the American Academy of Matrimonial
Home Office. Lawyers, 15(1), 119–148.
DeLoache, J. S., & Smith, C. M. (1999). Early symbolic representa- Golombok, S., Perry, B., Burston, A., Golding, J., Murray, C.,
tion. In I. Siegal (Ed.), Theoretical perspectives in the concept of Mooney-Somers, J., et al. (2003). Children with lesbian parents: A
representation (pp. 61–86). Hillsdale, NJ: Erlbaum. community study. Developmental Psychology, 39, 20–33.
Emery, R. E., Laumann-Billings, L., Waldron, M. C., Sbarra, D. A., & Goodman, G., Batterman-Faunce, J., Schaaf, J., & Kenney, R. (2002).
Dillon, P. (2001). Child custody mediation and litigation: Custody, Nearly 4 years after an event: Children’s eye witness memory and
contact, and coparenting 12 years after initial dispute resolution. adult’s perceptions of children’s accuracy. Child Abuse and Ne-
Journal of Consulting and Clinical Psychology, 69, 323–332. glect, 26, 849–884.
Everson, M. (1997). Understanding bizarre, improbable, and fantas- Goodman, G. S., Bottoms, B. L., Schwartz-Kenney, B., & Rudy, L.
tic elements in children’s accounts of abuse. Child Maltreatment, (1991). Children’s testimony about a stressful event: Improving
2, 134–149. children’s reports. Journal of Narrative and Life History, 1, 69–99.
Farrar, M. J., & Goodman, G. S. (1992). Developmental changes in Goodman, G. S., Emery, R., & Haugaard, J. J. (1998). Develop-
event memory. Child Development, 63, 173–187. mental psychology and law: Divorce, child maltreatment, foster
Finkelhor, D., Hotaling, G., Lewis, I. A., & Smith C. (1990). Sexual care, and adoption. In W. Damon (Editor-in-Chief ) & I. E.
abuse in a national survey of adult men and women: Prevalence, Sigel & A. Renninger (Vol. Eds.), Handbook of child psychol-
characteristics and risk factors. Child Abuse and Neglect, 14, 19–28. ogy: Vol. 4. Child psychology in practice (5th ed., pp. 775–874).
New York: Wiley.
Finnila, K., Mahlberga, N., Santtilaa, P., Sandnabbaa, K., & Niemib,
P. (2003). Validity of a test of children’s suggestibility for pre- Goodman, G. S., Hirschman, J. E., Hepps, D., & Rudy, L. (1991).
dicting responses to two interview situations differing in their Children’s memory for stressful events. Merrill-Palmer Quarterly,
degree of suggestiveness. Journal of Experimental Child Psychol- 37, 109–157.
ogy, 85, 32–49. Goodman, G. S., & Quas, J. A. (1997). Trauma and memory: Individ-
Fivush, R. (1984). Learning about school: The development of kinder- ual differences in children’s recounting of a stressful experience.
gartners’ school scripts. Child Development, 55, 1697–1709. In N. Stein, P. A. Ornstein, C. J. B. Tversky, & C. J. Brainerd
(Eds.), Memory for everyday and emotional events (pp. 267–294).
Fivush, R. (1993). Developmental perspectives on autobiographical Mahwah, NJ: Erlbaum.
recall. In G. S. Goodman & B. Bottoms (Eds.), Child victims and
Goodman, G. S., Rudy, L., Bottoms, B., & Aman, C. (1990). Chil-
child witnesses: Understanding and improving testimony
dren’s concerns and memory: Issues of ecological validity in the
(pp. 1–24). New York: Guilford Press.
study of children’s eyewitness testimony. In R. Fivush & J. Hud-
Fivush, R. (1998). Children’s recollections of traumatic and nontrau- son (Eds.), Knowing and remembering in young children
matic events. Development and Psychopathology, 10, 699–716. (pp. 249–284). New York: Cambridge University Press.
Fivush, R., Hazzard, A., Sales, J. M., Sarfati, D., & Brown, T. (2003). Gopnik, A., & Graf, P. (1988). Knowing how you know: Young chil-
Creating coherence out of chaos? Children’s narratives of emo- dren’s ability to identify and remember the sources of their be-
tionally positive and negative events. Applied Cognitive Psychol- liefs. Child Development, 59, 1366–1371.
ogy, 17, 1–19.
Grisso, T., & Schwartz, R. (Eds.). (2000). Youth on trial: A develop-
Fivush, R., & Schwarzmueller, A. (1998). Children remember child- mental perspective on juvenile justice. Chicago: University of
hood: Implications for childhood amnesia. Applied Cognitive Psy- Chicago Press.
chology, 12, 455–473.
Grisso, T., Steinberg, L., Woolard, J., Cauffman, E., Scott, E., Gra-
Flavell, J. H. (1992). Perspectives on perspective taking. In H. Beilin ham, S., et al. (2003). Juveniles’ competence to stand trial: A
& P. Pufall (Eds.), Piaget’s theory: Prospects and possibilities comparison of adolescents’ and adults’ capacities as trial defen-
(pp. 107–139). Hillsdale, NJ: Erlbaum. dants. Law and Human Behavior, 27, 333–363.
Foley, M. A., & Johnson, M. K. (1985). Confusions between memo- Haugaard, J., & Hazan, C. (2002). Foster parenting. In M. H. Born-
ries for performed and imagined actions: A developmental com- stein (Ed.), Handbook of parenting: Vol. 1. Children and parenting
parison. Child Development, 56, 1145–1155. (2nd ed., pp. 313–327). Mahwah, NJ: Erlbaum.
Foley, M. A., Santini, C., & Sopasakis, M. (1989). Discriminating be- Howard, A. N., Osborne, H. L., & Baker-Ward, L. (1997, April).
tween memories: Evidence for children’s spontaneous elabora- Childhood cancer survivors’ memory for their treatment after long
tions. Journal of Experimental Child Psychology, 48, 146–169. delays. Paper presented at the meetings of the Society for Re-
Freud, S. (1953). Fragment of an analysis of a case of hysteria. In J. search in Child Development, Washington, DC.
Strachey (Ed. & Trans.), The standard edition of the complete psy- Howe, M. L. (1998). Individual differences in factors that modulate
chological works of Sigmund Freud (Vol. 7, pp. 3–122). London: storage and retrieval of traumatic memories. Development and
Hogarth Press. (Original work published 1896) Psychopathology, 10, 681–698.
Garven, S., Wood, J. M., & Malpass, R. S. (2000). Allegations of Howe, M. L. (2000). The fate of early memories: Developmental sci-
wrongdoing: The effects of reinforcement on children’s mundane ence and the retention of childhood experiences. Washington, DC:
and fantastic claims. Journal of Applied Psychology, 85, 38–49. American Psychological Association.
814 The Child and the Law

Howe, M. L., Courage, M. L., & Peterson, C. (1995). Intrusions in Loftus, E. F., & Davies, G. (1984). Distortions in the memory of chil-
preschoolers’ recall of traumatic childhood events. Psychonomic dren. Journal of Social Issues, 40, 51–67.
Bulletin and Review, 2, 130–134. London, K., Bruck, M., Ceci, S. J., & Shuman, D. (2005). Children’s
Hudson, J. (1990). Constructive processes in children’s event memo- disclosure of sexual abuse: What does the research tell us about
ries. Developmental Psychology, 26, 180–187. the ways that children tell? Psychology, Public Policy, and the
Hudson, J., & Nelson, K. (1986). Repeated encounters of a similar Law, 11, 194–226.
kind: Effects of familiarity on children’s autobiographic memory. London, K., & Nunez, N. (2002). Examining the efficacy of truth-lie
Cognitive Development, 1, 253–271. discussions in predicting and increasing the veracity of children’s
Hudson, J. A., Fivush, R., & Kuebli, J. (1992). Scripts and episodes: reports. Journal of Experimental Child Psychology, 83, 131–147.
The development of event memory. Applied Cognitive Psychology, Lyon, T. D. (1999). The new wave in children’s suggestibility re-
6, 483–505. search: Critique. Cornell Law Review, 86, 1–84.
Hudson, J. A., & Nelson, K. (1983). Effects of script structure on Marche, T. (1999). Memory strength affects reporting of misinfor-
children’s story recall. Developmental Psychology, 19, 625–635. mation. Journal of Experimental Child Psychology, 73, 45–71.
Hughes, M., & Grieve, R. (1980). On asking children bizarre ques- Marche, T. A., & Howe, M. L. (1995). Preschoolers report misinfor-
tions. First Language, 1, 149–160. mation despite accurate memory. Developmental Psychology,
Janet, P. (1889). L’Automatisme psychologique. Paris: Alcan. 31(4), 554–567.
McCauley, M. R., & Fisher, R. P. (1995). Facilitating children’s eye-
Johnson, M. K., & Foley, M. A. (1984). Differentiating fact from fan-
witness recall with the revised Cognitive Interview. Journal of
tasy: The reliability of children’s memory. Journal of Social Is-
Applied Psychology, 80, 510–516.
sues, 40, 33–50.
McCauley, M. R., & Parker, J. F. (2001). When will a child be be-
Kassin, S. M., & Kiechel, K. L. (1996). The social psychology of
lieved? The impact of the victim’s age and jurors’ gender on chil-
false confessions: Compliance, internalization, and confabula-
dren’s credibility and verdict in a sexual-abuse case. Child Abuse
tion. Psychological Science, 7, 125–128.
and Neglect, 25, 523–539.
Kelly, J. B., & Lamb, M. E. (2003). Developmental issues in reloca-
Melnyk, L., & Bruck, M. (2004). Timing moderates the effects of re-
tion cases involving young children: When, whether, and how?
peated suggestive interviewing on children’s eyewitness memory.
Journal of Family Psychology, 17, 193–205.
Applied Cognitive Psychology, 18, 613–631.
Kendall-Tackett, K. A., Williams, L. M., & Finkelhor, D. (1993). Im-
Merritt, K. A., Ornstein, P. A., & Spicker, B. (1994). Children’s
pact of sexual abuse on children: A review and synthesis of recent
memory for a salient medical procedure: Implications for testi-
empirical studies. Psychological Bulletin, 113(1), 164–180.
mony. Pediatrics, 94, 17–23.
Koss, M. P., Figueredo, A. J., Bell, I., Tharan, M., & Tromp, S.
Meyers, J. E. (1995). Expert testimony regarding child sexual abuse.
(1996). Traumatic memory characteristics: A cross-validated me-
Child Abuse and Neglect, 17, 175–185.
diational model of response to rape among employed women.
Journal of Abnormal Psychology, 105, 421–432. Myles-Worsley, M., Cromer, C. C., & Dodd, D. H. (1986). Children’s
Lamb, M., Orbach, Y., Sternberg, K., Hershkowitz, I., & Horowitz, D. preschool script reconstruction: Reliance on general knowledge as
(2000). Accuracy of investigators’ verbatim notes of their foren- memory fades. Developmental Psychology, 22, 22–30.
sic interviews with alleged child abuse victims. Law and Human Nathan, D., & Snedeker, M. (1995). Satan’s silence: Ritual abuse
Behavior, 24, 699–708. and the making of a modern American witch hunt. New York:
Lamb, M. E., Sternberg, K. J., Orbach, Y., Esplin, P. W., Stewart, H., & Basic Books.
Mitchell, S. (2003). Age differences in young children’s responses National Center on Child Abuse and Neglect. (1998). Child Maltreat-
to open-ended invitations in the course of forensic interviews. ment 1996: Reports From the States for the National Child Abuse
Journal of Consulting and Clinical Psychology, 71(5), 926–934. and Neglect Data System. Washington, DC: U.S. Department of
Leichtman, M. D., & Ceci, S. J. (1995). The effects of stereotypes Health and Human Services.
and suggestions on preschoolers’ reports. Developmental Psychol- New Jersey v. Michaels, 625 A.2d 579 af f ’d 642 A.2d 1372 (1994).
ogy, 31(4), 568–578. Nightingale, N. N. (1993). Juror reactions to child victim wit-
Lepore, S. J., & Sesco, B. (1994). Distorting children’s reports and nesses: Factors affecting trial outcome. Law and Human Behav-
interpretations of events through suggestion. Applied Psychology, ior, 17, 679–694.
79(1), 108–120. North Carolina v. Robert Fulton Kelly Jr., 456 S. E.2d 861 (1995).
Lillie and Reed v. Newcastle City Council & Ors EWHC 1600 Orbach, Y., Hershkowitz, I., Lamb, M., Sternberg, K., Esplin, P., &
(QB) (2002). Horowitz, D. (2000). Assessing the value of structured protocols
Lindberg, M. A. (1980). Is knowledge base development a necessary for forensic interviews of alleged child abuse victims. Child Abuse
and sufficient condition for memory development? Journal of Ex- and Neglect, 24, 733–752.
perimental Child Psychology, 30, 401–410. Ornstein, P., Gordon, B. N., & Larus, D. (1992). Children’s memory
Lindsay, S., & Johnson, M. K. (1987). Reality monitoring and sug- for a personally experienced event: Implications for testimony.
gestibility. In S. J. Ceci, M. P. Toglia, & D. F. Ross (Eds.), Children’s Applied Cognitive Psychology, 6, 49–60.
eyewitness memory (pp. 92–121). New York: Springer Verlag. Ornstein, P. A. (1990). Knowledge and strategies: A discussion. In W.
Lindsay, S., Johnson, M. K., & Kwon, P. (1991). Developmental Schneider & F. Weinert (Eds.), Interactions among aptitudes,
changes in memory source monitoring. Journal of Experimental strategies, and knowledge in cognitive performance (pp. 147–156).
Child Psychology, 52, 297–318. New York: Springer-Verlag.
Loftus, E. F. (2003). Make believe memories. American Psychologist, Ornstein, P. A. (1995). Children’s long-term retention of salient per-
58(11), 867–873. sonal experiences. Journal of Traumatic Stress, 8, 581–606.
References 815

Ornstein, P. A., Manning, E. L., & Pelphrey, K. A. (1999). Chil- Powell, M., & Thomson, D. (1997). Contrasting memory for
dren’s memory for pain. Developmental and Behavioral Pedi- temporal-source and memory for content in children’s dis-
atrics, 20, 262–277. crimination of repeated events. Applied Cognitive Psychology,
Ornstein, P. A., Merritt, K. A., Baker-Ward, L., Furtado, E., Gor- 11, 339–360.
don, B. N., & Principe, G. (1998). Children’s knowledge, expec- Powell, M. B., & Thomson, D. M. (1996). Children’s recall of an oc-
tation, and long-term retention. Applied Cognitive Psychology, currence of a repeated event: Effects of age, retention interval,
12, 387–405. and question type. Child Development, 67, 1988–2004.
Ornstein, P. A., & Naus, M. J. (1985). Effects of the knowledge base Priestley, G., Roberts, S., & Pipe, M. E. (1999). Returning to the
on children’s memory strategies. In H. W. Reese (Ed.), Advances scene: Reminders and context reinstatement enhance children’s
in child development and behavior (Vol. 19, pp. 113–148). Or- recall. Developmental Psychology, 35, 1006–1041.
lando, FL: Academic Press. Principe, G. F., & Ceci, S. J. (2002). “I saw it with my own ears”:
Ornstein, P. A., Naus, M. J., Maxfield, D., & Zimler, J. (1989). Chil- The effects of peer conversations on preschoolers’ reports of non-
dren’s concurrent use of rehearsal and organizations strategies. experienced events. Journal of Experimental Child Psychology,
Developmental Psychology, 25, 619–627. 83(1), 1–25.
Patterson, C. J. (1997). Children of lesbian and gay parents. In T. Ol- Principe, G. F., Kanaya, T., Ceci, S. J., & Singh, M. (in press). Be-
lendick & R. Prinz (Eds.), Advances in clinical child psychology lieving is seeing: How rumors can engender false memories in
(Vol. 19, pp. 235–282). New York: Plenum Press. preschoolers. Psychological Science.
People v. Scott Kniffen, Brenda Kniffen, Alvin McCuan and Deborah Principe, G. F., Ornstein, P. A., Baker-Ward, L., & Gordon, B. N.
McCuan, Kern County (Calif.) Sup. Ct. 24208 (1996). (2000). The effects of intervening experiences on children’s
Peters, D. P. (1997). Stress, arousal, and children’s eyewitness mem- memory for a physical examination. Applied Cognitive Psychol-
ory. In N. L. Stein, P. A. Ornstein, B. Tversky, & C. Brainerd ogy, 14, 59–80.
(Eds.), Memory for everyday and emotional events (pp. 351–370). Pynoos, R. S., Steinberg, A. M., & Aronson, L. (1997). Traumatic ex-
Mahwah, NJ: Erlbaum. periences: The early organization of memory in school-age chil-
Peterson, C. (1999). Children’s memory for medical emergencies: 2 dren and adolescents. In P. S. Applebaum, L. A. Uyehara, & M. R.
years later. Developmental Psychology, 35, 1493–1506. Elin (Eds.), Trauma and memory: Clinical and legal controversies
Peterson, C., & Bell, M. (1996). Children’s memory for traumatic in- (pp. 272–289). New York: Oxford University Press.
jury. Child Development, 67, 3045–3070. Quas, J. A., Bottoms, B. L., Haegerich, T. M., & Nysse-Carris, K. L.
Peterson, C., & Grant, M. (2001). Forced-choice: Are forensic inter- (2002). Effects of victim, defendant, and juror gender on deci-
viewers asking the right questions? Canadian Journal of Behav- sions in child sexual assault cases. Journal of Applied Social Psy-
ioural Science, 33(2), 118–127. chology, 24, 702–732.
Peterson, C., Moores, L., & White, G. (2001). Recounting the same Quas, J. A., Goodman, G. S., Bidrose, S., Pipe, M. E., Craw, S., &
events again and again: Children’s consistency across multiple in- Ablin, D. S. (1999). Emotion and memory: Children’s long-term
terviews. Applied Cognitive Psychology, 15(4), 353–371. remembering, forgetting, and suggestibility. Journal of Experi-
Peterson, C., & Rideout, R. (1998). Memory for medical emergen- mental Child Psychology, 72, 235–270.
cies experienced by 1- and 2-year-olds. Developmental Psychol- Rayner, K., & Pollatsek, A. (1989). The psychology of reading. Upper
ogy, 34, 1059–1072. Saddle River, NJ: Prentice-Hall.
Peterson, C., & Whalen, N. (2001). Five years later: Children’s memory Ricci, C., & Beal, C. (1998). Effect of questioning techniques and in-
for medical emergencies. Applied Cognitive Psychology, 15, 7–24. terview setting on young children’s eyewitness memory. Expert
Evidence, 6, 127–144.
Pezdek, K., & Roe, C. (1995). The effect of memory trace
Salekin, R. T. (2002). Juvenile transfer to adult court: How can devel-
strength on suggestibility. Journal of Experimental Child
opmental and child psychology inform policy decision making. In
Psychology, 60, 116–128.
B. L. Bottoms, M. B. Kovera, & B. D. McAuliff (Eds.), Children,
Pipe, M. E., Gee, S., Wilson, J. G., & Egerton, J. M. (1999). Chil- social science, and the law (pp. 203–232). New York: Cambridge
dren’s recall 1 or 2 years after an event. Developmental Psychol- University Press.
ogy, 35, 781–789.
Salmon, K. (2001). Remembering and reporting by children: The in-
Pipe, M. E., Goodman, G. S., Quas, J., Bidrose, S., Ablin, D., & Craw, f luence of cues and props. Clinical Psychology Review, 21(2),
S. (1997). Remembering early experiences during childhood: Are 267–300.
traumatic events special. In J. D. Read & D. S. Lindsay (Eds.), Salmon, K., & Pipe, M. E. (2000). Recalling an event one year later:
Recollections of trauma: Scientific evidence and clinical practice The impact of props, drawing and a prior interview. Applied Cog-
(pp. 417–423). New York: Plenum Press. nitive Psychology, 14, 99–120.
Poole, D., & White, L. (1991). Effects of question repetition on the Saywitz, K. J. (1987). Children’s testimony: Age-related patterns of
eyewitness testimony of children and adults. Developmental Psy- memory errors. In S. J. Ceci, M. P. Toglia, & D. F. Ross (Eds.), Chil-
chology, 27(6), 975–986. dren’s eyewitness memory (pp. 36–52). New York: Springer Verlag.
Poole, D. A., & Lindsay, D. S. (1995). Interviewing preschoolers: Ef- Saywitz, K. J., & Moan-Hardie, S. (1994). Reducing the potential for
fects of nonsuggestive techniques, parental coaching and leading distortion of childhood memories. Consciousness and Cognition,
questions on reports of nonexperienced events. Journal of Experi- 3, 408–425.
mental Child Psychology, 60, 129–154. Schneider, W., & Bjorklund, D. F. (1998). Memory. In W. Damon
Poole, D. A., & Lindsay, D. S. (2001). Children’s eyewitness reports (Editor-in-Chief ) & D. Kuhn & R. S. Siegler (Vol. Eds.), Hand-
after exposure to misinformation from parents. Journal of Experi- book of child psychology: Vol. 2. Cognition, perception, and lan-
mental Psychology: Applied, 7, 27–50. guage (pp. 467–521). New York: Wiley.
816 The Child and the Law

Scullin, M., Kanaya, T., & Ceci, S. J. (2002). Measurement of indi- Journal of the American Academy of Child and Adolescent Psychi-
vidual differences in children’s suggestibility across situations. atry, 30, 952–957.
Journal of Experimental Psychology: Applied, 8, 233–241. Summit, R. C. (1983). The child sexual abuse accommodation syn-
Shaw, J. A., Applegate, B., & Schorr, C. (1996). Twenty-one-month drome. Child Abuse and Neglect, 7, 177–193.
follow-up of school-age children exposed to Hurricane Andrew. Talwar, V., Kang, L., Bala, N., & Lindsay, R. C. L. (2004). Children’s
Journal of the American Academy of Child and Adolescent Psychi- lie-telling to conceal a parent’s transgression: Legal implications.
atry, 35, 359–364. Law and Human Behavior, 28, 411–435.
Shrimpton, S., Oates, K., & Hayes, S. (1998). Children’s memory of Terr, L. (1988). What happens to early memories of trauma? A study
events: Effects of stress, age, time delay and location of inter- of 20 children under age 5 at the time of documented traumatic
view. Applied Cognitive Psychology, 12, 133–143. events. Journal of the American Academy of Child and Adolescent
Simcock, G., & Hayne, H. (2002). Children fail to translate their pre- Psychiatry, 27, 96–104.
verbal memories into language. Psychological Science, 13, 225–231. Terr, L. (1991). Childhood traumas: An outline and overview. Ameri-
Smith, D. W., Letourneau, E. J., Saunders, B. E., Kilpatrick, D. G., can Journal of Psychiatry, 148, 10–20.
Resnick, H. S., & Best, C. L. (2000). Delay in disclosure of child- Terr, L. (1994). Unchained memories: True stories of traumatic mem-
hood rape: Results from a national survey. Child Abuse and Ne- ories, lost and found. New York: Basic Books.
glect, 24(2), 273–287. Thompson, W. C., Clarke-Stewart, K. A., & Lepore, S. (1997). What
Snowden v. Singletary, 135 F.3d 732 (11th Cir. 1998). did the janitor do? Suggestive interviewing and the accuracy of
State v. Fijnje, 84-19728 (11th Cir. 1995). children’s accounts. Law and Human Behavior, 21(4), 405–426.
State of Washington v. Carol, M. D., & Mark, A. D., 983 P.2d 1165 van der Kolk, B. A., & Fisler, R. E. (1995). Dissociation and the frag-
(Wash. Ct. App. 1999). mentary nature of traumatic memories: Overview and exploratory
State of Washington v. Manuel Hidalgo Rodriguez, 17600-2-III (Wa. study. Journal of Traumatic Stress, 8, 505–525.
Ct. App. 1999). Verville, E. (1968). Behavior problems of children. Philadelphia: Saunders.
Stein, N. L. (1996). Children’s memory for emotional events: Impli- Warren, A. R., & Swartwood, J. N. (1992). Developmental issues in
cations for testimony. In K. Pezdek & W. P. Banks (Eds.), The re- f lashbulb memory research: Children recall the Challenger event.
covered/false memory debate (pp. 169–194). San Diego, CA: In E. Winograd & U. Neisser (Eds.), Af fect and accuracy in recall:
Academic Press. Studies of “f lashbulb” memories (pp. 95–120). Cambridge, MA:
Steinberg, L., & Cauffman, E. (1996). Maturity of judgment in ado- Cambridge University Press.
lescence: Psychosocial factors in adolescent decision-making. Warren, A. R., & Woodall, C. E. (1999). The reliability of hearsay
Law and Human Behavior, 20(3), 249–272. testimony: How well do interviewers recall their interviews with
Steinberg, L., & Scott, E. (2003). Less guilty by reason of adoles- children? Psychology, Public Policy and Law, 5, 355–371.
cence: Developmental immaturity, diminished responsibility, and Warren, A. R., Woodall, C. E., Hunt, J. S., & Perry, N. W. (1996). “It
the juvenile death penalty. American Psychologist, 58, 1009–1018. sounds good in theory, but . . .”: Do investigative interviewers
Sternberg, K. J., Lamb, M. E., Orbach, Y., Esplin, P., & Mitchell, S. follow guidelines based on memory research? Child Maltreat-
(2001). Use of a structured investigative protocol enhances young ment, 1, 231–245.
children’s responses to free-recall prompts in the course of foren- Waterman, A. H., Blades, M., & Spencer, C. (2000). Do children try
sic interviews. Journal of Applied Psychology, 86, 997–1005. to answer nonsensical questions? British Journal of Developmental
Steward, M. S., & Steward, D. S. (with Farquahar, L., Myers, J. E. B., Psychology, 18(2), 211–225.
Reinart, M., Welker, J., Joye, N., Driskll, J., & Morgan, J.). (1996). Wimmer, H., Hogerfe, G. J., & Perner, J. (1988). Children’s under-
Interviewing young children about body touch and handling. standing of informational access as a source of knowledge. Child
Monographs of the Society for Research in Child Development, Development, 59, 386–396.
61(4/5, Serial No. 248). Zaragoza, M., Payment, K., Kichler, J., Stines, L., & Drivdahl, S.
Stuber, M. L., Nader, K., Yasuda, P., Pynoos, R. S., & Cohen, S. (2001, April). Forced confabulation and false memory in child wit-
(1991). Stress response after pediatric bone marrow transplanta- nesses. Paper presented at the 2001 biennial meeting of the Soci-
tion: Preliminary results of a prospective longitudinal study. ety for Research in Child Development, Minneapolis, MN.

You might also like