Defense Attorneys’ Implicit Questioning of Minor Complainants in CSA Trials

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Description
ABSTRACT It is unclear how often defense attorneys ask child complainants questions with implied meanings. The present study examined the frequency and content of implied questions asked to 6- to 17-year-old children and analyzed how often children rebutted

ABSTRACT It is unclear how often defense attorneys ask child complainants questions with implied meanings. The present study examined the frequency and content of implied questions asked to 6- to 17-year-old children and analyzed how often children rebutted these questions. This study focused on cross-examinations (N = 122) of child complainants in Child Sexual Assault (CSA) trials. Content analysis revealed prevalent themes of implicit questions that alluded to child complainants having ulterior motives, having been coached, being untruthful, missing disclosure opportunities, having poor memory, and other credibility issues. Implicit questions were posed in 63% of cases, with children rebutting only 11% of implied inquiries. No significant correlations were found between the age of the child testifying and the frequency of implicit questions or rebuttals. However, as children age they are more frequently asked questions related to truthfulness and credibility issues and are less frequently asked implicit inquiries about coaching. These findings present novel evidence that children are frequently asked difficult to answer implicit questions that imply the child has ulterior motives, and that attorneys change the focus of the content of their implicit questions by age.
Date Created
2024
Agent

Are Police as "Guardian" as They Should Be? Expectation-Reality Discrepancies Impact Perceptions of Legitimacy

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Description
Due to numerous instances of police brutality in the U.S., researchers and policymakers have urged police to shift their job orientation to become more guardian-oriented (i.e., prioritizing community safety and building relationships) and less warrior-oriented (i.e., prioritizing physical control and

Due to numerous instances of police brutality in the U.S., researchers and policymakers have urged police to shift their job orientation to become more guardian-oriented (i.e., prioritizing community safety and building relationships) and less warrior-oriented (i.e., prioritizing physical control and fighting crime). Using the group engagement model and the expectancy disconfirmation hypothesis, this study examined: (1) young adults’ desire for police to be warrior- or guardian-oriented, (2) their perceptions of the extent to which police in their community are warrior- or guardian-oriented, and (3) the association between participants’ perceptions of the discrepancy between what police in their community should be versus are perceived to actually be and police legitimacy. In this study, a racially and ethnically diverse sample of young adults aged 18-25 in the United States (N = 436) responded to a self-report survey. Participants preferred police to have more of a guardian than warrior orientation and reported that police are not as guardian oriented as they wanted them to be. Further, if police did not meet their guardian expectations, young adults had more negative perceptions of police legitimacy. Expectations for police behavior may influence police legitimation and, within the context of police reform, young adults support the call for police to be more guardian-oriented by prioritizing community safety and building relationships. Fostering a guardian orientation in police is particularly important for police departments that are interested in promoting perceptions of legitimacy among the communities they serve.
Date Created
2023
Agent