Ontario family justice in "lockdown": Early pandemic cases and professional experience.

The COVID-19 pandemic has profoundly affected families and children involved in Ontario's family justice system as well as family justice professionals in the province. In a span of two years, Ontario's family justice system has been fundamentally transformed, from a paper-based, in-person system to a paperless system in which many services, including judicial proceedings, continue to be largely delivered remotely. We report on the findings of two studies on the impact of the COVID-19 pandemic on Ontario family justice: (1) an analysis of early pandemic court decisions; and (2) a survey of family justice professionals about their experiences during the early pandemic. We describe how the pandemic has exacerbated access to justice issues for certain groups, including families experiencing high conflict, victims of intimate partner violence, families involved in child welfare proceedings, and self-represented litigants, while improving access to justice for others by improving efficiency and reducing legal costs. As Ontario moves past the pandemic, the family justice system will need to ensure that technological advances improve access to justice for all court-involved families.

Does parental coaching affect children's false reports? Comparing verbal markers of deception.

The present study examined differences in children's true and false narratives as a function of parental coaching by comparing the verbal markers associated with deception. Children (N = 65, 4-7 years old) played the same game with an adult stranger over three consecutive days. Parents coached their children to falsely allege that they had played a second game and to generate details for the fabricated event. One week after the last play session, children were interviewed about their experiences. For children with the least amount of parental coaching, true and false reports could be distinguished by multiple verbal markers of deception (e.g., cognitive processes, temporal information, self-references). The fabricated reports of children who spent more time being coaching by a parent resembled their truthful reports. These findings have implications for real-world forensic contexts when children have been coached to make false allegations and fabricate information at the behest of a parent.

The influence of multiple interviews on the verbal markers of children's deception.

This study investigated different verbal expressive markers of children recounting both true and false events. Seventy-eight children (M age = 7.58 years) interacted with a research assistant on 3 consecutive days. All children played a game that included a touching component in which the research assistant placed stickers on the child's body. Parents were then asked to coach their children to lie during subsequent interviews occurring 1 week later. Children were interviewed over 3 consecutive days. Results indicated that verbal expressive markers (e.g., cognitive operations, spontaneous corrections, admissions of lack of knowledge, temporal markers) of true and intentionally false reports were different in the first interview. However, these differences disappeared over subsequent interviews. Results of the current study highlight the importance of recording the first interview in which children disclose, particularly when using verbal markers as indicators of deception.

How Children Report True and Fabricated Stressful and Non-Stressful Events.

As children can be victims or witnesses to crimes and may be required to testify about their experiences in court, the ability to differentiate between children's true and fabricated accounts of victimization is an important issue. This study used automated linguistic analysis software to detect linguistic patterns in order to differentiate between children's true and false stressful bullying reports and reports of non-stressful events. Results revealed that children displayed different linguistic patterns when reporting true and false stressful and non-stressful stories, with non-stressful stories being more accurately discriminated based on linguistic patterns. Results suggest that it is difficult to discriminate accurately and consistently between children's true and false stories of victimization.

The Effects of Repetition on Children's True and False Reports.

As children are often called upon to provide testimony in court proceedings, determining the veracity of their statements is an important issue. In the course of investigation by police and social workers, children are often repeatedly interviewed about their experiences, though the impact of this repetition on children's true and false statements remains largely unexamined. The current study analysed semantic differences in children's truthful and fabricated statements about an event they had or had not participated in. Results revealed that children's truthful and fabricated reports differed in linguistic content, and that their language also varied with repetition. Discriminant analyses revealed that with repetition, children's true and false reports became increasingly difficult to differentiate using linguistic markers, though true reports were consistently classified correctly at higher rates than false reports. The implications of these findings for legal procedures concerning child witnesses are discussed.

The reliability of lie detection performance.

We examined whether individuals' ability to detect deception remained stable over time. In two sessions, held one week apart, university students viewed video clips of individuals and attempted to differentiate between the lie-tellers and truth-tellers. Overall, participants had difficulty detecting all types of deception. When viewing children answering yes-no questions about a transgression (Experiments 1 and 5), participants' performance was highly reliable. However, rating adults who provided truthful or fabricated accounts did not produce a significant alternate forms correlation (Experiment 2). This lack of reliability was not due to the types of deceivers (i.e., children versus adults) or interviews (i.e., closed-ended questions versus extended accounts) (Experiment 3). Finally, the type of deceptive scenario (naturalistic vs. experimentally-manipulated) could not account for differences in reliability (Experiment 4). Theoretical and legal implications are discussed.

Adults' judgments of children's coached reports.

This study investigated adults' judgments of the honesty of children's coached true and fabricated mock testimony. Adults saw video clips of children testifying in a mock court about a true or fabricated event in their lives. They were asked to make an assessment of the truthfulness of the testimony, and respond to questions about their perception of children's credibility. Half of the adults saw children testifying after a competence examination, and the other half saw children testifying without a competence examination. Overall, girls were rated as more competent than boys, and their testimony was more likely to be believed. Younger children were more likely to be rated as incompetent than older children. A factor analysis of adults' responses revealed six factors which significantly predicted adults' overall assessment of children's credibility, and their evaluations of children's competence to testify. Adults' detection accuracy was at chance, with the majority of children rated as truthful. Viewing the competency examination and cross-examination did not improve the adults' detection accuracy. However, seeing the cross-examination made adults' less likely to believe children's testimony. The implications of these results for the judicial system are discussed.

False allegations of abuse and neglect when parents separate.

OBJECTIVE: The 1998 Canadian Incidence Study of Reported Child Abuse and Neglect (CIS-98) is the first national study to document the rate of intentionally false allegations of abuse and neglect investigated by child welfare services in Canada. This paper provides a detailed summary of the characteristics associated with intentionally false reports of child abuse and neglect within the context of parental separation. METHOD: A multistage sampling design was used, first to select a representative sample of 51 child welfare service areas across Canada. Child maltreatment investigations conducted in the selected sites during the months of October-December 1998 were tracked, yielding a final sample of 7,672 child maltreatment investigations reported to child welfare authorities because of suspected child abuse or neglect. RESULTS: Consistent with other national studies of reported child maltreatment, CIS-98 data indicate that more than one-third of maltreatment investigations are unsubstantiated, but only 4% of all cases are considered to be intentionally fabricated. Within the subsample of cases wherein a custody or access dispute has occurred, the rate of intentionally false allegations is higher: 12%. Results of this analysis show that neglect is the most common form of intentionally fabricated maltreatment, while anonymous reporters and noncustodial parents (usually fathers) most frequently make intentionally false reports. Of the intentionally false allegations of maltreatment tracked by the CIS-98, custodial parents (usually mothers) and children were least likely to fabricate reports of abuse or neglect. CONCLUSIONS: While the CIS-98 documents that the rate of intentionally false allegations is relatively low, these results raise important clinical and legal issues, which require further consideration.

Judicial Assessment of the Credibility of Child Witnesses.

This article reports on the results of two research studies carried out by the authors that address the questions of how and how well judges assess the honesty and reliability of children's testimony. One study tested the accuracy of judges and other professionals in assessing the honesty of children giving mock testimony. Judges performed at only slightly above chance levels, though the performance of judges was comparable to other justice system professionals, and significantly better than the performance of law students. The second study, a survey of Canadian judges about their perceptions of child witnesses, reveals that judges believe that compared to adults, children are generally more likely when testifying to make errors due to limitations of their memory or communication skills and due to the effects of suggestive questions. However, children are perceived to generally be more honest than adult witnesses. The survey also revealed that judges believe that children are often asked developmentally inappropriate questions in court, especially by defence counsel. There were no gender differences among the judges in either study. To put this research in context, the article first discusses the inherent challenges in assessing the credibility of witnesses and provides a review of the psychological literature and leading Canadian jurisprudence on the credibility and evidence of children.

Children's lie-telling to conceal a parent's transgression: legal implications.

Children's lie-telling behavior to conceal the transgression of a parent was examined in 2 experiments. In Experiment 1 (N = 137), parents broke a puppet and told their children (3-11-year-olds) not to tell anyone. Children answered questions about the event. Children's moral understanding of truth- and lie-telling was assessed by a second interviewer and the children then promised to tell the truth (simulating court competence examination procedures). Children were again questioned about what happened to the puppet. Regardless of whether the interview was conducted with their parent absent or present, most children told the truth about their parents' transgression. When the likelihood of the child being blamed for the transgression was reduced, significantly more children lied. There was a significant, yet limited, relation between children's lie-telling behavior and their moral understanding of lie- or truth-telling. Further, after children were questioned about issues concerning truth- and lie-telling and asked to promise to tell the truth, significantly more children told the truth about their parents' transgression. Experiment 2 (N = 64) replicated these findings, with children who were questioned about lies and who then promised to tell the 'truth more likely to tell the truth in a second interview than children who did not participate in this procedure before questioning. Implications for the justice system are discussed.

"Intuitive" lie detection of children's deception by law enforcement officials and university students.

Adults' ability to detect children's deception was examined. Police officers, customs officers, and university students attempted to differentiate between children who lied or told the truth about a transgression. When children were simply questioned about the event (Experiment 1), the adult groups could not distinguish between lie-tellers and truth-tellers. However, participants were more accurate when the children had participated in moral reasoning tasks (Experiment 2) or promised to tell the truth (Experiment 3) before being interviewed. Additional exposure to the children did not affect accuracy (Experiment 4). Customs officers were more certain about their judgments than other groups, but no more accurate. Overall, adults have a limited ability to identify children's deception, regardless of their experience with lie detection.

Children's conceptual knowledge of lying and its relation to their actual behaviors: implications for court competence examinations.

Child witnesses must undergo a competence examination in which they must show appropriate conceptual understanding of lying and truth-telling, and promise to tell the truth. Three experiments (Ns = 123, 103, 177) were conducted to address the assumptions underlying the court competence examination that (1) children who understand lying and its moral implications are less likely to lie and (2) discussing the conceptual issues concerning lying and having children promising to tell the truth promotes truth-telling. Both measures of lying and understanding of truth- and lie-telling were obtained from children between 3 and 7 years of age. Most children demonstrated appropriate conceptual knowledge of lying and truth-telling and the obligation to tell the truth, but many of the same children lied to conceal their own transgression. Promising to tell the truth significantly reduced lying. Implications for legal systems are discussed.