Document Type : Research Paper
Author
Assistant professor in criminal law and criminology, Faculty of Humanities and Social Sciences , Golestan university,Iran,Golestan
Abstract
Despite the fact that the interrogation and initial questions and answers of the victim in the primary investigations process play a prominent role in the detection of crimes, but the physical and mental characteristics of the interrogator and the manner of the interrogation process have been disregarded in Persian criminal law studies. This article aims to answer the question with a descriptive-analytical method, what requirements should be considered in the interrogation process in the primary research stage to detect the victimization of children? To achieve this, according to the available data, the article is divided into three topics.
The first topic examines the selection of the interrogator and his training. If the first step, which is to have an expert interrogator with special physiological and mental characteristics, is not taken correctly, it will definitely not be time for the other steps. In relation to the physical characteristics of the interrogator, various studies indicate that people have a tendency to disclose crimes for women in sensitive matters such as sexual crimes, and this tendency is more prominent in the case of children due to their sensitive nature. Out of all the requirements regarding the interrogation of children, the Iranian legislator has explicitly and correctly set criteria for the gender of the interrogator. Article 42 of the Criminal Procedure Law stipulates: "If possible, the interrogation and investigation of women and minors should be carried out by trained female officers and in accordance with religious standards." In addition to physical characteristics, the main thing that plays an important role in doing an accurate and reliable question and answer is the mental characteristics and capabilities that he acquires. The increase in skill and expertise leads to the reduction of bias and incorrect mental backgrounds, and as a result, more correct and reliable information is obtained. In many countries, such as the United States, Canada, and England, training courses are held to improve the expertise and skills of interrogators, and the interrogation process is subject to pre-determined and taught protocols. The most widely used and important of these protocols, which have many similarities with each other, are: 1 Step-Wise Interview Guidelines; 2. cognitive interview; 3. Ten-step Investigative Interview; 4. National Institute of Child Health and Human Development research interview protocol.
The second topic deals with the issue that after the selection and training of the interrogator, he should be able to get to know the child's condition and gain his trust in the beginning. The age of the victim, his physical, mental and spiritual abilities and problems, evolutionary or developmental considerations, ethnicity, language, culture, religion and the economic status of the family where he grows up and the places he went and comes are examples of information that should be obtained before the main question and answer session. This information can be obtained from the child's relatives, the school and kindergarten he goes to, and his doctors and teachers. After the initial acquaintance with the child, the interrogator should gain his trust by using them and by applying communication methods. Verbal and non-verbal communication, respecting the child's personal space by maintaining a proper distance and asking if the child feels comfortable with the distance between the interrogator and himself, calling him by name, Choosing words and arranging them next to each other in such a way that the child believes that the interrogator understands his painful situation and sympathizes with him has a great effect on creating empathy and intimacy between the two parties.
In the last topic and after communicating with the child, It is time for the interrogator to give basic training to the child and ask the main questions and answers related to the crime. Explaining the child's role in the interrogation, teaching how to answer the questions, explaining the concepts of truth and lies to the child and gaining a detailed understanding of him in answering the questions are the effects of basic training. In the main questions and answers and according to the protocols, the beginning of the main question and answer process should be with "open questions". After the interrogator has heard the child's free interpretation and everything that was in his mind since the day of the incident, he should add to its quantitative and qualitative richness through specialized questions. The questions should not be suggestive or in such a way that their answer is yes or no.
These explanations and information in various sources about this subject show that the primary investigations process, especially the interrogation session, question and answer session, interview or any other title that is placed on it, is one of the most important parts of criminal justice system, which is ultimately a huge part of the justifications for sentencing, but so far no special law or regulation has been written for its technical part. In other words, issues such as the existence of an expert and trained interrogator who has a special card should be included among the rights of the parties to a criminal case. It is clear that having legal information or work experience of the judge and officer who is responsible for the interrogation is not a guarantee for holding a useful and quality question and answer session.
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- Ebrahimi,Shahram; Raoofian naeeni, Hamid; situation of victim in the Primary investigation, Quarterly Journal of Judicial Law Views, Volume 20, Issue 72 - Serial Number 72 March 2016, Pages 1-23
- Akhtari, Abbas; Moazenzadegan, Hassanali; Victim’s Rights in Preliminary Investigations in the Context of the Iranian Criminal Procedure Code, journal of Criminal Law Research, Volume 7, Issue 26, May 2019, Pages 41-73
- Khaleghi, Ali, Brief commentaries on: code of criminal procedure, Shahre Danesh Legal Research Institute publication, 11th edition, 2018.
- Bashirieh, Thammores, Encyclopedia of Criminal Justice for Children and Adolescents, Negahemoaser Publication, first edition, 2011
- Rayejian Asli ,Mehrdad ; Protective Victimology in Light of "The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power", The Journal of Legal Research Volume 4, Issue 7, February 2005, Pages 29-53
- Zare Farabandi; Firouzeh, The role of non-verbal communication in reference interview, journal of Library and Information, Volume 3, Issue 4 - Serial Number 12, April 2001, Pages 59-68
- Sarikhani, Adel, Pirvali, Saeedeh, Scientific Validity of Children's Testimony, Legal Research, No. 3, pp. 61-86, Summer 2011.
- Saghian , Muhamad Mehdi; The Reinforcement of Rights of Accused in the Primary Investigation Stage of Criminal Procedure Law (2014), , journal of Criminal Law Research, Volume 2, Issue 6 - Serial Number 6, April 2014, Pages 113-136
- Sohrabi, Mehran, from the personality file to the personality identification file of children and adolescents, in: Moazzami, Shahla, Mahdavi, Mahmood, Encyclopedia of Criminal Sciences of Children and Adolescents, dadgstar pubication, first edition, 2021.
- Sharifzari, Jinous, Protection of child victims in the criminal proceedings of Iran and England, master's thesis in criminal law and criminology, Shahid Beheshti University, 2008.
- Abedini ,Gholamreza ,Alavi, Monammad Taghi ; Investigating the Content of Children and Teenagers' Personality Document at Iranian Law, Criminal Law and Criminal Policy, No. 3, Pages 119-97, 2015.
- Karimi ,Abbas , Amirabbas, Bozorgmehr; The effect of age on the testimony from the perspective of psychology and law,Private law studies quarterly, Volume 44, Issue 1 - Serial Number 1, April 2014, Pages 87-104.
- Goldouzian, Hossein, hedayati goodarzi, hannane, Substantive criminal analysis of sexual abuse of children and adolescents, , Quarterly Journal of Judicial Law Views, Volume 27, Issue 97 - Serial Number 97, June 2022, Pages 259-285
- Najafi Abrandabadi, Ali Hossein, The criminological approach of the law of citizenship rights, (about the relationship between criminal procedure and criminology), collection of articles of the conference on citizenship rights, first edition, Gerayesh publication, 2009.
- Niazpour, Amirhasan, The differentiation of courts dealing with the crimes of children and juveniles in the territory of Iranian penal policy in: Pormohyabadi, Hossein, penal policy and victim and delinquent children and juveniles, , Mizan Publishing House, first edition, 2015
- Hedayat, Hedyeh, differential procedure of children victims in: Moazzami, Shahla, Mahdavi, Mahmood, Encyclopedia of Criminal Sciences of Children and Adolescents, dadgstar publication, first edition, 2021.
- Hedayati Goodarzi, Hannane, study the rights of children victims of sexual crimes, master's thesis in criminal law and criminology, Allameh Tabataba'i University, 2017.
ب. انگلیسی
- Almerigogna, Jehanne, Ost, James, Bull, Ray, Akehurst, Lucy, A State of High Anxiety: How Non-Supportive Interviewers can Increase the Suggestibility of Child Witnesses, cognitive psychology, 21: 963–974, 2007.
- Axinn, William . The influence of interviewer sex on responses to sensitive questions in Nepal. Social Science Research, 20, pp 303-318, 1991.
- Back, Christina, Gustafsson, Per, Larsson, IngBeth, Berter, Carina,. Managing the legal proceedings: An interpretative phenomenological analysis of sexually abused children’s experience with the legal process, Child Abuse & Neglect 35, pp 50–57, 2011.
- Barth, J., Bermetz, L., Heim, E., Trelle, S., & Tonia, T. The current prevalence of child sexual abuse worldwide: A systematic review and meta-analysis. International Journal of Public Health, 58, pp 469–483, 2013.
- Batson, Daniel , Thompson, Elizabeth,. Why Don't Moral People Act Morally? Motivational Considerations, Current Directions in Psychological Science 10, No. 2, pp. 54-57, 2001.
- Bays, J., & Chadwick, D. Medical Diagnosis of the Sexually Abused Child. Child Abuse and Neglect: The International Journal, 17(1), pp 91-110, 1993.
- Bruck M, Ceci SJ. Expert testimony in a child sex abuse case: translating memory development research. Memory 21, pp 556–565, 2013
- Bull, R. The investigative interviewing of children and other vulnerable witnesses: Psychological research and working/professional practice. Legal and Criminological Psychology, Vol 15, pp 5-23, 2010.
- Carter, C. A., Bottoms, B. L., & Levine, M. Linguistic and socioemotional influences on the accuracy of children’s reports. Law and Human Behavior, vol 20, pp 335-358, 1996.
- Cashmore, Judy, Shackel, Rita, Gender Differences in the Context and Consequences of Child Sexual Abuse, current issues in criminal justice, Vol 26, number 1, pp 75-104, 2014.
- Ceci, S. J., & Bruck, M. Suggestibility of the child witness: A historical review and synthesis. Psychological Bulletin, 113, pp 403–439, 1993.
- Cirlugea, Olga, Child Sexual Abuse Interviewing: Development and Pilot Testing of a Forensic Training, A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Psychology, 2017.
- Cronch, L. E., Viljoen, J. L., & Hansen, D. J. Forensic interviewing in child sexual abuse cases: Current techniques and future directions. Aggression and Violent Behavior, 11, pp 195-207, 2006.
- Fielding, Nigel, Conroy, Sue., Interviewing Child Victims: Police and Social Work Investigations of Child Sexual Abuse, vol 26, no 1, pp 103-124, 1992.
- Fisher, R.P. Geiselman, R.E., & Amador, M. Field test of the cognitive interview: Enhancing the recollection of actual victims and witnesses of crime. Journal of Applied Psychology, 74(5),pp 722-727, 1989.
- Golomb, C. & Galasso, L. Make believe and reality: Explorations of the imaginary realm. Developmental Psychology, 31, pp 800-810, 1995
- Goodman-Delahunty,Jane, Profiling parental child sex abuse, Trends & issues in crime and criminal justice, No. 465 January, 2014
- Goodman, Gail, Melinder, Annika, Child witness research and forensic interviews of young children: A review, Legal and Criminological Psychology, 12, 1–19, 2007.
- Hershkowitz, Irit, Lanes, Omer, Lamb, Michael,. Exploring the disclosure of child sexual abuse with alleged victims and their parents, Child Abuse & Neglect 31, pp 111–123, 2007
- Lamb, Michael, Garretson, Michelle,. The Effects of Interviewer Gender and Child Gender on the Informativeness of Alleged Child Sexual Abuse Victims in Forensic Interviews, Law and Human Behavior, Vol. 27, No. 2, pp 157-171, 2003.
- Lamb, M. E., Sternberg, K. J., Orbach, Y., Esplin, P. W., & Mitchell, S. (2002). Is ongoing feedback necessary to maintain the quality of investigative interviews with allegedly abused children? Applied Developmental Science, 6, 35– 41.
- Lamb, M. E., Orbach, Y., Hershkowitz, I., Horowitz, D., & Abbott, C. B. Does the type of prompt affect the accuracy of information provided by alleged victims of abuse in forensic interviews?, Cognitive Psychology, Volume 21(9), pp 1117-1130, 2007.
- Larsson, A.S., Granhag, P.A., & Spjut, E. Children’s recall and the cognitive interview: Do the positive effects hold over time? Cognitive Psychology, 17, pp 203-214, 2003.
- Lyon, T.D. Ten step investigative interview. Retrieved from http://works.bepress.com/cgi/viewcontent.cgi?article=1004&context=thomaslyon., 2005
- London, Kamala, Bruck, Maggie, Ceci, Stephen J. , Shuman, Daniel W,. Disclosure of child sexual abuse What Does the Research Tell Us About the Ways That Children Tell?, Psychology, Public Policy, and Law, Vol. 11, No. 1, pp 194–226, 2005.
- Roberts, Kim, Lamb, Michael, Sternberg, Kathleen,. The Effects of Rapport-building Style on Children’s Reports of a Staged Event, cognitive psychology, 18: pp 189–202,
- Roberts, K., Qi, H., & Zhang, H. Challenges facing east asian immigrant children in sexual abuse cases. Canadian Psychology, 57(4), pp 1-27, 2016.
- Saywitz, K. J., & Camparo, L. Interviewing child witnesses: A developmental perspective. Child Abuse & Neglect, 22(8), pp 825-843, 1998.
- Saywitz, K. J., Goodman, G. S., Nicholas, E., & Moan, S. F. Children’s memories of a physical examination involving genital touch: Implications for reports of child sexual abuse. Journal of Consulting & Clinical Psychology, 59, pp 682–691, 1991.
- Sternberg, K.J., Lamb, M.E., Hershkowitz, I., Yudilevitch, L., Orbach, Y.,Esplin, P.W., & Hovav, M. Effects of introductory style on children’s abilities to describe experiences of sexual abuse. Child Abuse and Neglect, Vol 21, pp 1133 -1146, 1997
- Talwar, Victoria, Lee, Kang , Bala, Nicholas , Lindsa , R. C. L. , Children's Conceptual Knowledge of Lying and its Relation to Their Actual Behaviors: Implications for Court Competence Examinations , Law and Human Behavior, Vol. 26, No. 4, 2002.
- Thakkar, Melanie, Jaffe, Alan, Vander Linden, Rachael,. Guidelines for Conducting a Victim-Sensitive Interview, Journal of Child Sexual Abuse, pp1–14, 2015
- Themeli,Olga, Panagiotak,Maria, Forensic Interviews With Children Victims of Sexual Abuse: The Role of the Counselling Psychologist, The European Journal of Counselling Psychology, Vol. 3(1), pp 1–19, 2014.
- Yuille, John, Cooper, Barry, Hervé, Hugues, The Step-Wise Guidelines for Child Interviews: The New Generation, In M. Casonato & Pfafflin (Eds.), Handbook of pedosexuality and forensic science, 2009.
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