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Lawyers’ question repetition and children’s responses in Scottish criminal courts

Andrews, Samantha J.; Lamb, Michael E.

Authors

Michael E. Lamb



Abstract

This study examined the effects of repeated questions (n = 7,968) on fifty-six 5- to 17-year-olds’ testimony in child sexual abuse cases in Scottish criminal courts. We examined transcripts of direct- and cross-examinations, categorizing how lawyers asked repeated questions in court and how children responded. Defense lawyers repeated more questions (39.6% of all questions asked) than prosecutors (30.6%) and repeated questions using more suggestive prompts (52% of their repeated questions) than prosecutors (18%) did. In response, children typically repeated or elaborated on their answers and seldom contradicted themselves. Self-contradictions were most often elicited by repeated suggestive prompts posed by defense lawyers. Younger children were asked more repeated questions than older children, but child age was not associated with the types of questions repeated or with how children responded to repetition. Questions repeated after delays elicited more self-contradictions than questions repeated immediately. Most repeated questions (69.2%) were repeated more than once, yet no “asked-and-answered” objections were ever raised. Overall, the findings suggested that lawyers frequently ask children “risky” repeated questions. Official judicial guidance and training is needed to help identify and limit the inappropriate repetition of questions.

Journal Article Type Article
Acceptance Date Jul 1, 2017
Publication Date Aug 26, 2017
Publicly Available Date Mar 29, 2024
Journal Journal of Interpersonal Violence
Print ISSN 0886-2605
Publisher SAGE Publications
Peer Reviewed Peer Reviewed
Volume 36
Issue 1-2
Pages 276-296
DOI https://doi.org/10.1177/0886260517725739
Keywords repeated questions, child sexual abuse, Scotland, defense cross-examination, prosecution direct-examination
Publisher URL https://doi.org/10.1177/0886260517725739