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The Progressive Lawyer: Mandatory Audio-Recording of Forensic Interviews in Child Custody Cases

BY ALM Staff
May 26, 2009

Part One of this article discussed the need for audio recording interviews in child custody cases to provide objective evidence, not only to ensure that the examining expert is abiding by any professional guidelines that may exist and apply, but also to ensure that: 1) the expert had not committed any memory errors; and 2) the expert has not corrupted the memories of any subject children in the course of the examination process. The conclusion herein discusses the ways to address the interviewer's objections to audio-taping.

A Researcher's Influence

Research has shown that an interviewer's beliefs about an event influence the accuracy of children's answers, particularly if the interviewer is an adult of perceived high status. Children are sensitive to the status of their interviewer. A child's recognition of a power differential between himself and an interviewer of high status will increase his or her vulnerability to suggestions. Children view these adults as truthful and will conform their answers to what the interviewer is looking for and defer to the interviewer if he or she challenges their reports.

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