"What else could he have done?" Creating false answers in child witnesses by inviting speculation

External and internal influences yield similar memory effects: the role of deception and suggestion

In legal cases, testimonies can become contaminated because of an amalgam of external and internal influences on memory. It is well-established that external influences (e.g., suggestive interviews) can hurt memory. However, less focus has been placed on the impact of internal influences (e.g., lying) on memory. In the current review, we show that the available evidence suggests that both external and internal influences exert similar effects on memory. That is, we review studies showing that suggesting non-occurrences and suggesting non-experiences can lead to omission errors and false memories, respectively. Likewise, these memory effects are also observed when focusing on internal influences. That is, false denials, feigning amnesia and fabrication have been shown to affect memory in terms of forgetting (i.e., omissions) and false memories (i.e., commissions). Also, we show that both external and internal influences can lead to changes in the belief that an event occurred. We argue that in legal cases, triers of fact should concentrate on whether both types of influences might have affected testimonial accuracy in witnesses, victims, and suspects.

Effects of the putative confession instruction on perceptions of children's true and false statements

The putative confession (PC) instruction (i.e., "[suspect] told me everything that happened and wants you to tell the truth") during forensic interviews with children has been shown to increase the accuracy of children's statements, but it is unclear whether adults' perceptions are sensitive to this salutary effect. The present study examined how adults perceive children's true and false responses to the PC instruction. Participants (n = 299) watched videotaped interviews of children and rated the child's credibility and the truthfulness of his/her statements. When viewing children's responses to the PC instruction, true and false statements were rated as equally credible, and there was a decrease in accuracy for identifying false denials as lies. These findings suggest that participants viewed the PC instruction as truth-inducing. Implications for the forensic use of the PC instruction are discussed.

How common is "common knowledge" about child witnesses among legal professionals? Comparing interviewers, public defenders, and forensic psychologists with laypeople

The present study evaluates the knowledge of jury-eligible college students (n = 192), investigative interviewers (n = 44), forensic psychologists (n = 39), and public defenders (n = 137) in regard to the research on interviewing children. These groups' knowledge was compared with the scientific research on the impact of interview techniques and practices on the accuracy of child witnesses. Jury-eligible students were the least knowledgeable, but their accuracy varied widely across items. Both interviewers and public defenders performed better than jury-eligible students, but they lacked substantial knowledge about the research on interviewing children on certain topics (e.g., using anatomically detailed dolls); forensic psychologists were the most knowledgeable. These findings suggest that professionals in the legal system need substantial professional development regarding the research on interviewing strategies with child witnesses. They also highlight the need for experts to provide case-relevant information to juries who lack basic information about the validity and reliability of children's reports.

Interviewing witnesses: the effect of forced confabulation on event memory

After viewing a crime video, participants answered 16 answerable and 6 unanswerable questions. Those in the "voluntary guess" condition had a "don't know" response option; those in the "forced guess" condition did not. One week later the same questions were answered with a "don't know" option. In both experiments, information generated from forced confabulation was less likely remembered than information voluntarily self-generated. Further, when the same answer was given to an unanswerable question both times, the confidence expressed in the answer increased over time in both the forced and the voluntary guess conditions. Pressing eyewitnesses to answer questions, especially questions repeated thrice (Experiment 2), may not be an effective practice because it reliably increases intrusion errors but not correct recall.

Inviting witnesses to speculate: effects of age and interaction on children's recall

Inviting speculation has been found to increase children's false recall. In this study, kindergartners and third graders saw a clown perform actions alone or in interaction with a child. Two weeks later, the speculation group recalled all actions and was asked to speculate on half the actions. The control group recalled all actions without speculating. Four weeks after the show, all children recalled all actions again. The speculation group gave more false answers to the speculated items than the control group. Surprisingly, older children tended to report as many if not more false responses than younger children, regardless of speculation. In the speculation group, there were fewer false answers for interactions than actions, but false answers did not differ across observation types in the control group. Finally, speculation did not affect free and cued recall differentially.