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The accuracy of children’s memory, and the way they recall their memories, affects the perceived credibility of their reports. Defense attorneys may be motivated to attack the credibility of children’s reports by suggesting their memory of events is flawed, inaccurate, or influenced, while prosecutors may try to enhance children’s credibility by highlighting the accuracy of their reports. In the current study, we explored if, and how, attorneys address memory concerns in child sexual abuse (CSA) trials. Using a qualitative content analysis of 134 transcripts of children testifying about alleged CSA, we assessed the frequency and content of attorneys' questions about memory. The memory questions we identified suggested a range of attorney motives, including to refresh children’s recollections in court, highlight accuracy of (prior) reports, and imply lying or suggestive influence. We also found differences in the types of memory questions prosecutors and defense attorneys asked, supporting that prosecutors and defense attorneys likely have different motives for asking children about memory.
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Pronoun Anaphora and Children's Developing Abilities to Backward Reference in Criminal Cases of Alleged Child Sexual Abuse
ABSTRACT In child sexual abuse (CSA) testimony, attorneys may ask children questions containing pronoun anaphora (e.g., “Where was your Dad?” “What did he do?”heis a pronoun anaphora for referent,Dad). To answer these questions, children must recall the pronoun's referent and appropriate answer to the question. This may be too complex a cognitive task for young children, especially when there are multiple question‐and‐answer (Q–A) turns between the referent and pronoun, leading to misunderstanding. We examined Q–A pairs containing pronouns in 40 CSA testimonies of 5 to 10‐year‐olds. Many attorneys' questions (24%) contained pronouns. Attorneys averaged 4.11 Q–A turns between the referent and pronoun. With each additional Q–A turn, the likelihood of misunderstanding increased. Children's age was also associated with a significant decrease in misunderstanding, meaning older children exhibited fewer misunderstandings. To reduce misunderstanding, those questioning children should clarify the referent quickly when their question contains pronoun anaphora.
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- Award ID(s):
- 2404704
- PAR ID:
- 10630444
- Publisher / Repository:
- Wiley
- Date Published:
- Journal Name:
- Applied Cognitive Psychology
- Volume:
- 38
- Issue:
- 5
- ISSN:
- 0888-4080
- Format(s):
- Medium: X
- Sponsoring Org:
- National Science Foundation
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- Free Publicly Accessible Full Text
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Accepted Manuscript1.0
- Journal Article:
- https://doi.org/10.1002/acp.4257
