When the Smoke Clears: Cross-Examining the Defense Expert’s Attack on a Forensic Interview
Abstract
The forensic interview of a child abuse victim is a compelling piece of evidence that is often the
cornerstone of a prosecutor’s case. As such, it is a prime target for the defense. Even in cases with a
strong and solid interview, the defense may attempt to discredit or undermine the work of the
forensic interviewer and thus the credibility of the victim. For this reason, defense attorneys often call
a defense “expert” to critique the child’s statement and the manner in which this evidence was
collected. These experts frequently have little or no experience or training in forensic interviewing,
nor do they understand even the most fundamental principles. Although they may be aware of a
handful of studies addressing one or more issues related to a forensic interview, such as interview
instructions or the use of anatomical diagrams, they rarely know how to apply this research to an
actual fact pattern. Accordingly, if a prosecutor is well prepared, they can easily discredit these
witnesses. In some cases, the prosecutor can even use the defense “expert” to support the quality of
the forensic interview
Description
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Article
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Keywords
forensic interview, court, expert witness, cross-examination, prosecutors
Citation
Vieth, V. I. (2022). When the Smoke Clears: Cross-Examining the Defense Expert’s Attack on a Forensic Interview. Zero Abuse Project