Confusion in the courtroom: the effect of confusing questions on eye-witness recall.

Henderson, Sarah E.; Buries, Janet B

Abstract

This paper examines the influence of confusing questions on the accuracy and confidence of adolescents' recall of a mock crime by answering either simple or confusing questions in written form. One hundred and twenty four adolescents (aged between 13 and 17 years) viewed a brief video of an unusual criminal event and were then asked to complete a question booklet addressing what they had seen. Half of the participants were given four categories of confusing questions (negatives, double negatives, complex syntax, and complex vocabulary - all question types typically used within courtroom examinations); the other half were asked simpler forms of the same questions. The confusing questions did reduce accurate recall of an unusual event. The results also suggested that confusing questions weakened the relationship between confidence and accuracy. Poorly worded questions, exacerbated by repetition, potentially corrupt eyewitness memory and derail investigations. The interaction of retrieval access dynamics with traditionally complicated and intimidating courtroom questioning is also addressed.

Citation

HENDERSON, S.E. and BURIES, J.B. 2014. Confusion in the courtroom: the effect of confusing questions on eye-witness recall. Investigative interviewing: reseach and practice (II-RP) [online], 6(1), pages 19-31. Available from: https://iiirg.org/wp-content/uploads/2021/02/II-RP-Volume-6-Issue-1-Henderson-Buries.pdf

• Journal Article Type: Article
• Online Publication Date: Jun 30, 2016
• Publication Date: Jun 30, 2014
• Deposit Date: May 17, 2024
• Publicly Available Date: May 20, 2024
• Journal: Investigative interviewing: research and practice (II-RP)
• Electronic ISSN: 2047-1416
• Publisher: International Investigative Interviewing Research Group
• Peer Reviewed: Peer Reviewed
• Volume: 6
• Issue: 1
• Pages: 19-31
• Keywords: Confusing questions; Courtroom interviews; Witness; Memory; Confidence-accuracy rates
• Public URL: https://rgu-repository.worktribe.com/output/2339288
• Publisher URL: https://iiirg.org/resources/ii-rp-journal-new/