Child Abuse, Misdiagnosed by an Expertise Center: Part I-Medico-Social Aspects.

Child abuse is a dangerous situation for an infant. Professionals need to weigh the risk of failing to act when children are seriously harmed against the serious harm done by carrying out safeguarding interventions. In severe cases, foster care might be advisable. The negative effects for the child's psychosocial development requires that such placement must be based on very solid evidence. Our aim is to identify why Dutch parents whose child may have a medical condition that could mimic symptoms of child abuse have a significant chance of being erroneously convicted and losing custody of their child. As a method, we describe and analyze the following case. An Armenian-Dutch newborn (uncomplicated term vaginal delivery), starting at two weeks after birth, developed small bruises on varying body locations. At two months, a Well-Baby Clinic physician referred the girl to a university hospital, mentioning that there were no reasons to suspect child abuse and that her Armenian grandmother easily bruised as well. However, before consultation by a pediatrician of the hospital-located Expertise Center for Child Abuse, the parents were suspected of child abuse. Based on the expertise center's protocols, skeletal X-rays were made, which showed three healed, asymptomatic rib fractures, while invalid statistics suggested, incorrectly, a 10-100 times more likely non-accidental than accidental cause of the symptoms (discussed in Part II of this series). The expertise enter physician ignored any argument that could show parental innocence, including the positive parent-child relationship reported by the Well-Baby Clinic and the general practitioner. The girl and her older brother were placed in a family foster home and then in a secret home. The case radically resolved when a large bruise also developed there, and an independent tissue disease specialist diagnosed a hereditary connective tissue disorder in the mother, implying that the girl's bruises and rib fractures could well be disease-related. In conclusion, if child abuse is suspected, and foster care placement considered, the patient and the parents should be thoroughly investigated by an independent experienced pediatrician together with an experienced pediatric clinical psychologist or psychotherapist to produce an independent opinion. Children deserve this extra safeguard before being separated from their parents.

Accountability in legal decision-making.

Having to explain a decision has often been found to have a positive effect on the quality of a decision. We aimed to determine whether different accountability requirements for judges (i.e., having to justify their decision or having to explicate their decision) affect evidence use. Those requirements were compared to instructions based on the falsification principle and a control condition. Participants (N = 173) decided on the defendant's guilt in a murder case vignette and explained their decision according to the instructions. The explication and falsification (but not the justification) instructions increased the use of exonerating evidence. There was no significant difference between the groups in guilt perception. The use of exonerating evidence was a significant positive predictor of acquittal rates. The implications for the different forms of instructions in practice are positive, but suggest a difference between the evidence considered and the evidence used to account for the decision.

Law and order effects: on cognitive dissonance and belief perseverance.

Order of evidence presentation affects the evaluation and the integration of evidence in mock criminal cases. In this study, we aimed to determine whether the order in which incriminating and exonerating evidence is presented influences cognitive dissonance and subsequent display of confirmation bias. Law students (N = 407) were presented with a murder case vignette, followed by incriminating and exonerating evidence in various orders. Contrary to a predicted primacy effect (i.e. early evidence being most influential), a recency effect (i.e. late evidence being most influential) was observed in ratings of likelihood of the suspect's guilt. The cognitive dissonance ratings and conviction rates were not affected by the order of evidence presentation. The effects of evidence presentation order may be limited to specific aspects of legal decisions. However, there is a need to replicate the results using procedures and samples that are more representative of real-life criminal law trials.

Foreign DNA in cosmetic gel nails.

In this case study it was investigated whether foreign DNA may get encapsulated in a cosmetic gel nail. It was inspired by a murder case in which the main suspect claims that he was wrongly convicted. Most of the evidence in the case was circumstantial. The most direct piece of evidence was DNA of the suspect found beneath the victim's fingernails. According to the prosecution and the judges, the DNA meant that the suspect had murdered the victim. However, according to the suspect, the fact that his DNA was found could be explained by a physical altercation between him and the victim 17 days prior to the murder. In that alternative scenario, the suspect's DNA became encapsulated in the victim's gel nails and remained there up until her death 17 days later. In this article, we describe an experiment designed to assess the plausibility of the alternative scenario. In the experiment we tested whether foreign DNA could be recovered in gel nails of four female individuals two weeks after transfer. In six out of eight hands the profile of the donor could be detected. Hence, in situations resembling the circumstances of this case study, the encapsulation of DNA in a gel nail prior to the attack of interest must be considered.

Using metamemory measures and memory tests to estimate eyewitness free recall performance.

Using a mock witness methodology, we investigated the predictive value of metamemory measures and objective memory tests as indicators of eyewitness free recall performance. Participants (n = 208) first completed a metamemory assessment that included assessments of self-rated memory capacity, memory development and use of strategies. In a separate session, participants watched a mock-crime video and provided a free recall account, followed by one out of four independent memory tests (i.e., free recall, cued recall, face recognition and general knowledge). Accuracy, amount of details reported, confidence and over/underconfidence in the eyewitness free recall were the main dependent variables. Results indicated three main findings: (1) subjective assessments of memory capacity were not related to eyewitness free recall performance; (2) although individual confidence and over/underconfidence was somewhat stable across different memory tests, accuracy was less stable; and (3) individuals with higher self-rated memory capacity had a slightly stronger confidence-accuracy relation in free recall. These results are discussed with respect to metamemory assessments and performance stability across memory tests of different domains.

A Scenario Approach to the Simonshaven Case.

In this paper, we present a scenario approach and apply it to the Simonshaven case. We offer an outline in which we spell out the core notions of the scenario approach. Next, we give a summing up of criteria to assess and compare scenarios. We use examples of the Simonshaven case to illustrate how the scenario-approach works. The last section contains a discussion of the main strengths and weaknesses of the scenario approach and a brief comparison with argumentation-based and probabilistic approaches.

Remembering with a friend or a stranger: comparing acquainted and unacquainted pairs in collaborative eyewitness interviews.

Previous findings show that collaborative interviews with pairs of eyewitnesses can result in more accurate testimony than individual interviews, and that partners remember more together if they acknowledge, repeat, rephrase and elaborate upon each other's contributions. In the present study, we investigated whether these findings differ for pairs of acquainted and unacquainted partners, respectively. Participants viewed a violent movie in the cinema and took part in three eyewitness interviews approximately five days later. The first and the last interview were always individual. The second interview was individual in the nominal condition (N = 22 pairs), collaborative with a known partner in the acquainted condition (N = 21 pairs), and collaborative with a stranger in the unacquainted condition (N = 20 pairs). We replicated benefits of collaborative eyewitness interviews, in terms of error pruning as well as delayed cross-cuing. However, we found no significant differences between acquainted and unacquainted pairs, neither in recall performance nor in retrieval strategies during the collaborative interview. Regardless of acquaintance, pairs who elaborated upon each other's contributions during the collaborative interview, remembered more together. The findings are evaluated within the theoretical framework of transactive memory. Practical implications for investigative interviewers are discussed.

The Forensic Confirmation Bias: A Comparison Between Experts and Novices.

A large body of research has described the influence of context information on forensic decision-making. In this study, we examined the effect of context information on the search for and selection of traces by students (N = 36) and crime scene investigators (N = 58). Participants investigated an ambiguous mock crime scene and received prior information indicating suicide, a violent death or no information. Participants described their impression of the scene and wrote down which traces they wanted to secure. Results showed that context information impacted first impression of the scene and crime scene behavior, namely number of traces secured. Participants in the murder condition secured most traces. Furthermore, the students secured more crime-related traces. Students were more confident in their first impression. This study does not indicate that experts outperform novices. We therefore argue for proper training on cognitive processes as an integral part of all forensic education.

Cross-cultural differences in object recognition: Comparing asylum seekers from Sub-Saharan Africa and a matched Western European control group.

Nowadays, more and more people report about their memories in cross-cultural contexts. In international criminal settings and asylum procedures, object recognition tests can provide valuable information, for example, about weapons used during a crime or landmarks from the claimed region of origin. This study was the first to compare object recognition performance by asylum seekers from Sub-Saharan Africa to a matched Western European control group. African participants performed worse than European participants on perceptual tests involving transformations from two- to three-dimensional representations, but both groups performed equally well on an object recognition test that involved transformation from three- to two-dimensional representations. However, African participants were significantly more likely to respond "yes" on the recognition test (i.e., an acquiescence response style) than European participants. Our findings elucidate cultural differences in responding on an object recognition test. Judges, juries, and immigration officials would be wise to take these differences into account when evaluating recognition performance in cross-cultural contexts.

Writing Alone or Together: Police Officers' Collaborative Reports of an Incident.

After witnessing an incident, police officers may write their report collaboratively. We examined how collaboration influences the amount and accuracy of information in police reports. Eighty-six police officers participated, in pairs, in a live training scenario. Officers wrote a report about the incident, either with their partner or individually. Reports by two officers working together (collaborative performance) contained less information than reports by two officers working individually (nominal performance), with no difference in accuracy. After the first report, officers who had worked individually wrote a collaborative report. Police officers who recorded their own memories prior to collaboration included less incorrect information in the collaborative report than police officers who wrote a collaborative report immediately after the incident. Finally, content-focused retrieval strategies (acknowledge, repeat, rephrase, elaborate) during the officers' discussion positively predicted the amount of information in collaborative reports. Practical recommendations for the police and suggestions for further research are provided.

Recounting a Common Experience: On the Effectiveness of Instructing Eyewitness Pairs.

Pairs of eyewitnesses with a content-focused interaction style remember significantly more about witnessed incidents. We examined whether content-focused retrieval strategies can be taught. Seventy-five pairs of witnesses were interviewed thrice about an event. The first and third interview were conducted individually for all witnesses. The second interview was individual, collaborative without instruction, or collaborative with instruction. Pairs in the latter condition were instructed to actively listen to and elaborate upon each other's contributions. The strategy instruction had no effect on retrieval strategies used, nor on the amount or accuracy of reported information. However, pairs who spontaneously adopted a content-focused interaction style during the collaborative interview remembered significantly more. Thus, our findings show that effective retrieval strategies cannot be taught, at least not with the current instructions. During the second interview, we observed collaborative inhibition and error pruning. When considering the total amount of information reported across the first two interviews, however, collaboration had no inhibitory effect on correct recall, yet the error pruning benefits remained. These findings suggest that investigative interviewers should interview witnesses separately first, and then interview pairs of witnesses collaboratively.

Motives for Filing a False Allegation of Rape.

The list of motives by Kanin (1994) is the most cited list of motives to file a false allegation of rape. Kanin posited that complainants file a false allegation out of revenge, to produce an alibi or to get sympathy. A new list of motives is proposed in which gain is the predominant factor. In the proposed list, complainants file a false allegation out of material gain, emotional gain, or a disturbed mental state. The list can be subdivided into eight different categories: material gain, alibi, revenge, sympathy, attention, a disturbed mental state, relabeling, or regret. To test the validity of the list, a sample of 57 proven false allegations were studied at and provided by the National Unit of the Dutch National Police (NU). The complete files were studied to ensure correct classification by the NU and to identify the motives of the complainants. The results support the overall validity of the list. Complainants were primarily motivated by emotional gain. Most false allegations were used to cover up other behavior such as adultery or skipping school. Some complainants, however, reported more than one motive. A large proportion, 20% of complainants, said that they did not know why they filed a false allegation. The results confirm the complexity of motivations for filing false allegations and the difficulties associated with archival studies. In conclusion, the list of Kanin is, based on the current results, valid but insufficient to explain all the different motives of complainants to file a false allegation.

Establishing Origin: Analysing the Questions Asked in Asylum Interviews.

In the absence of evidence, asylum seekers are interviewed to assess the credibility of their stories. Few studies have examined whether or not the questions asked in such interviews stimulate the applicant to give lengthy, detailed, and accurate answers. The style, type, and content of the questions asked in order to assess a claim about origin were analysed in 40 case files from the Dutch Immigration Service. A large proportion of the questions were closed and fact-checking questions. Less than one fifth of questions were open or cued recall questions. The results show that to assess credibility of origin, knowledge questions were posed about the immediate living environment, flight to Europe, identity documents, country of origin, and personal background of applicants. Possibilities for increasing the quantity and quality of information obtained in asylum interviews are discussed. Future research should validate the assumption that truthful claimants have substantial knowledge about their country and town of origin.

Forensic expectations: Investigating a crime scene with prior information.

In a large body of research the influence of contextual information on decisions made in a broad range of disciplines has been studied. To date, the influence of these expectancy effects on the crime scene investigation has not been studied. In the present study we explored the effect of prior information given to crime scene investigators on their perception and interpretation of an ambiguous crime scene. Participants (N=58) were experienced crime scene investigators who were provided with a panoramic photograph of an ambiguous mock crime scene. The victim may have committed suicide or was murdered. Participants either received prior information indicating suicide, prior information indicating a violent death, or they received no prior information. Participants were asked about what they thought had happened at the scene of the crime, both at the initial assessment of the scene and at the end of the investigation when they were asked to describe the most likely scenario. They were also asked which traces they wanted to secure and why. Results showed that participants interpreted the crime scene differently dependent on how it was presented to them. Both the initial assessment of the scene and the most likely scenario that was described after the investigation were influenced by the prior information the participants were provided with, even though roughly the same traces were secured by all, independent of the prior information. Results demonstrate that prior information indeed influences the interpretation of the crime scene, but since the present study was exploratory further research is needed.

Acknowledge, repeat, rephrase, elaborate: Witnesses can help each other remember more.

Crimes are often observed by multiple witnesses. Research shows that witnesses can contaminate each other's memory, but potential benefits of co-witness discussion have not yet been investigated. We examined whether witnesses can help each other remember, or prune each other's errors. In a research design with high ecological validity, attendees of a theatre play were interviewed approximately one week later about a violent scene in the play. The couples that signed up for our study had known each other for 31 years on average. Participants were first interviewed individually and then took part in a collaborative interview. We also included a control condition in which participants took part in two individual interviews. Collaboration did not help witnesses to remember more about the scene, but collaborative pairs made significantly fewer errors than nominal pairs. Further, quantitative and qualitative analyses of retrieval strategies during the discussion revealed that couples who actively acknowledged, repeated, rephrased, and elaborated upon each other's statements remembered significantly more information overall. Taken together, our findings suggest that, under certain circumstances, discussion between witnesses is not such a bad idea after all.

Eyewitness memory of a supermarket robbery: a case study of accuracy and confidence after 3 months.

In this case study, 14 witnesses of an armed robbery were interviewed after 3 months. Security camera recordings were used to assess memory accuracy. Of all information that could be remembered about 84% was correct. Although accurately recalled information had a higher confidence level on average than inaccurately recalled information, the mean accuracy-confidence correlation was rather modest (0.38). These findings indicate that confidence is not a reliable predictor of accuracy. A higher level of self-reported, post-event thinking about the incident was associated with higher confidence levels, while a higher level of self-reported emotional impact was associated with greater accuracy. A potential source of (mis)information, a reconstruction of the robbery broadcasted on TV, did not alter the original memories of the witnesses.