Keele University, Staffordshire, UK.
University of Cambridge, Cambridgeshire, UK.
J Interpers Violence. 2021 Jan;36(1-2):276-296. doi: 10.1177/0886260517725739. Epub 2017 Aug 26.
This study examined the effects of repeated questions ( = 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.
本研究考察了重复提问（=7968）对苏格兰刑事法庭 5 至 17 岁儿童性虐待案件中 56 名证人证言的影响。我们检查了直接和交叉讯问的记录，对律师在法庭上如何提问和儿童如何回答进行了分类。辩护律师重复的问题（他们提出的所有问题的 39.6%）多于检察官（30.6%），并且使用更具暗示性提示的重复问题（他们重复问题的 52%）多于检察官（18%）。作为回应，孩子们通常会重复或详细说明他们的回答，很少自相矛盾。自我矛盾最常被辩护律师提出的重复暗示性提示引出。年龄较小的儿童比年龄较大的儿童被问到更多的重复问题，但儿童年龄与重复的问题类型或儿童对重复的反应无关。延迟后提出的重复问题比立即提出的重复问题引起更多的自我矛盾。大多数重复的问题（69.2%）被重复多次，但从未提出过“提问和回答”的反对意见。总的来说，研究结果表明，律师经常询问儿童“有风险”的重复问题。需要官方司法指导和培训，以帮助识别和限制不当重复提问。
