Sociologists in action: The McMartin sexual abuse case,litigation, justice,and mass hysteria

This paper describes our involvement as jury consultants in one of the most notorious criminal trials in history—the McMartin child-molestation trial in Los Angeles. The McMartin trial was the longest and costliest criminal trial in American history. The prosecution spent $15 million and took nearly six years in making a criminal case against day-care workers, only to have the jurors declare them not guilty. The defendants in the McMartin trial were charged with molesting young children at a preschool in Manhattan Beach, Los Angeles County, California. In 1987, we had performed scientific defense voir dire jury selection to choose the most impartial jurors to try the two defendants, Raymond Buckey and Peggy Buckey McMartin. In performing scientific jury selection, both a community survey and pre-voir dire questionnaires served as an important empirical foundation to assess jurors’ attitudinal, demographic, and socioeconomic characteristics to develop the effective juror profiles for the trial. The authors received the 1994 Gustavus Myers Center Outstanding Book Award on Human Rights in North America.     

Juror perceptions of child eyewitness testimony in a sexual abuse trial

A mock child sexual abuse trial was used to study juror perceptions of child eyewitnesses. The child's age (5, 11, or 16) and level of involvement (victim or bystander) were varied across conditions in order to test their impact on juror perceptions and verdict. Results indicated a significant effect of level of involvement on the verdict; defendants in trials involving a bystander witness received higher guilt ratings than defendants in trials with a victim-witness. In addition, jurors perceived the child's eyewitness testimony to be more believable when the child was younger. Implications for the impact of these findings on real-life child sexual abuse cases are discussed.     

Deliberation in Six Juries: A Participant Observer Study

Since the 1930s, jury deliberation has been studied only through questionnaire or interview, or experimental methods. This paper uses a participant observer approach to the study of deliberations in six juries. Juries were found to be concerned both with the issues in the trial and with the intersection of their own and the trial participants' birgraphies. Their deliberations included assessments of the moral character of the criminal participants, the competence of the attorneys and judges, both from within the context of jurors' own life experiences. The imagery of the “good juror,” the interactions with fellow jurors, and the extra-jury everyday life contingencies brought to the jury room also influenced deliberations.     

Juror Perceptions of Child Eyewitness Testimony in a Sexual Abuse Trial

ABSTRACT

A mock child sexual abuse trial was used to study juror perceptions of child eyewitnesses. The child's age (5, 11, or 16) and level of involvement (victim or bystander) were varied across conditions in order to test their impact on juror perceptions and verdict. Results indicated a significant effect of level of involvement on the verdict; defendants in trials involving a bystander witness received higher guilt ratings than defendants in trials with a victim-witness. In addition, jurors perceived the child's eyewitness testimony to be more believable when the child was younger. Implications for the impact of these findings on real-life child sexual abuse cases are discussed.     

Examining Questionable Child Sex Abuse Allegations in Their Environmental and Psychodynamic Contexts

Unwarranted, questionable and uncertain allegations of child sexual abuse may not be discerned easily in 2 or 3 clinical sessions. This paper begins with a discussion of environmental circumstances conducive to questionable allegations, such as previously determined invalid cases, continuously symptomatic children, and litigated cases. Next are considered conditions related to the involved children: problems with trusting the evaluator, ongoing psychological accommodation to the molester, need for rapid decisionmaking with a well-defended child, the child's amnesia, a child unconcerned about sex abuse, and entrenched psychopathology. Finally, ways to improve clinical pursuit of questionable allegations are offered: seeing the child and parents over a longer time period; intensifying the focus on family and molester-child dynamics; and ascertaining the current family milieu promoting non-disclosure of sex abuse. Eleven case examples are presented.     

Defining organized sexual abuse

The label ‘organized abuse’ is widely used but without an agreed meaning. An agreed definition would improve communication among practitioners and make it easier to compare the results of different pieces of research. Items classified together must possess at least one feature in common: in the case of organized abuse this is that they all involve more than one perpetrator. Some types of case for which the label ‘organized’ has been used, like those that concern children's sexual abuse in an institution or that include allegations of a ritual context, do not fulfil even this initial criterion. Some cases of institutional or ritual abuse may also be cases of organized abuse but the terms are not synonymous with each other. Domestic cases, where all the perpetrators and the victims are members of a single household, are also sufficiently unlike the paradigmatic case of organized abuse for them to be excluded from the category. The recognition that exclusion is as necessary to rigorous definition as inclusion requires making explicit what definitions are and what they are for.     

What makes sex offenders confess? An exploratory study

This study examines correlates of offender confession in criminal sexual conduct cases involving children. The cases consist of all closed court files (N=318), spanning the last 10 years from a single jurisdiction. This jurisdiction has a community-wide protocol for handling child sexual abuse cases, a high rate of charging (69%), a high rate of confession (64%), and high rates of pleas to sex crimes (77%). To determine what factors were associated with suspect confession before adjudication, we examined characteristics of the suspect, the child, the abuse, and the system using bi-variate and multi-variate analysis. The following four variables are associated with suspect confession: (1) having the state police conducting the law enforcement part of the investigation, (2) more serious abuse, (3) younger age of the suspect, and (4) having a court appointed (as opposed to a retained) attorney.     

Development of a Case Closure Index in Korean Elder Protective Service Agencies

This article describes the development and initial testing of an index to judge appropriateness of closing cases of elder abuse in Korean Elder Protective Service Agencies. An Index to Close Cases of Elder Abuse (ICCEA) was developed with input and feedback from caseworkers and expert reviewers. The ICCEA included client, perpetrator, and family and environmental indicators. A sample of 457 agency records in domestic settings was used to test the validity of the ICCEA. The ICCEA illustrated some validity with three external variables: a global item assessing appropriateness of case closure, case status coded open or closed, and closure reasons. The ICCEA showed potential as an objective guide for deciding whether to close cases of elder abuse and for making follow-up care plans after case closure in Korea.     

Childhood Sexual Abuse as a Risk Factor for Subsequent Involvement in Sex Work

Abstract

The following paper is a review of research studies examining the relationship between childhood sexual abuse (CSA) and subsequent involvement in sex work. The vast majority of research studies in this area are conducted on primarily female street-based prostitutes; however, there has been a recent emergence of studies focused on male, predominantly gay/bisexual, participants. Also, more studies have begun to include mixed gender samples and non-sex worker comparison groups. Highlights of the paper include a critique of studies reporting a prevalence of CSA, the intervening effects of family environment, runaway behavior, and abuse characteristics, and a brief overview of research on other sex worker populations. Limitations as well as contributions of current studies are underscored and directions for future research are indicated.     

Korean American Pastors' Perceptions and Attitudes Toward Child Abuse

Abstract

More than 80 percent of Korean immigrants in the United States attend church on a regular basis. Churches, as informal community organizations, can play a very significant role in protecting children from abuse. This study examines Korean American clerics' knowledge of child abuse, their definition of child abuse, and their familiarity with mandatory child-abuse reporting laws. The study also examines how culture, demographic variables, and individual theological orientation affect their attitudes toward child abuse, mandated child abuse reporting by clergy, and preference of intervention strategies. Major findings include that more than 50 percent of respondents have seen child abuse and neglect among their church members, but the majority who have witnessed child abuse prefer to provide pastoral counseling to the family instead of reporting the case to a child protective agency.     

What Makes Sex Offenders Confess? An Exploratory Study

ABSTRACT

This study examines correlates of offender confession in criminal sexual conduct cases involving children. The cases consist of all closed court files (N = 318), spanning the last 10 years from a single jurisdiction. This jurisdiction has a community-wide protocol for handling child sexual abuse cases, a high rate of charging (69%), a high rate of confession (64%), and high rates of pleas to sex crimes (77%). To determine what factors were associated with suspect confession before adjudication, we examined characteristics of the suspect, the child, the abuse, and the system using bi-variate and multi-variate analysis.

The following four variables are associated with suspect confession: (1) having the state police conducting the law enforcement part of the investigation, (2) more serious abuse, (3) younger age of the suspect, and (4) having a court appointed (as opposed to a retained) attorney.     

Judicial Decision-Making and Juvenile Offenders: Effects of Medical Evidence and Victim Age

ABSTRACT

A growing body of evidence suggests that jurors place greater weight on DNA or other types of forensic evidence than non-forensic evidence (Cole & Dioso-Villa, 2009). For cases involving child sexual abuse, certain types of evidence, including forensic medical evidence, may be viewed as more important or indicative of abuse than other types of evidence, such as victim statements or disclosure. The present study evaluated perceptions of juvenile offenders and victim credibility across four vignettes that systematically manipulated variables related to victim age and physical indicators of abuse. A sample of 636 participants read vignettes and answered questions pertaining to the vignette. Participants also provided demographic information and responded to a series of items assessing participants’ judicial decision-making strategies and outcomes. Broadly, the presence of medical evidence significantly influenced participants’ decision-making across a variety of variables, including verdict outcome, verdict confidence, confidence that the victim was truthful, and determinations involving sex offender registration and notification requirements. The influence of medical evidence and victim age on perceptions and sentencing of juvenile sex offenders across these and additional outcome variables will be discussed.     

Extended evaluations in cases of child sexual abuse: how many sessions are sufficient?

This article provides new findings from a national study involving 18 forensic interview sites of 137 children who were randomly assigned to a four or eight session extended evaluation. Cases assigned to the eight session protocol were significantly more likely to be classified "credible disclosure" of sexual abuse (56.6%) than cases assigned to the four session protocol (29.5%) and significantly less likely to be classified "credible nondisclosure" of sexual abuse (9.2%) than cases in the four session protocol (24.6%). When four versus eight sessions, demographic variables, and case characteristics were entered into a regression, variables that predicted likelihood of sexual abuse were eight session protocol, older victim age, and caretaker belief the child had been sexually abused. When new disclosures were examined by session in the eight session protocol, 95% of new disclosures occurred by the sixth session.     

Child sexual abuse in Leeds before and after Cleveland

We report a retrospective cohort study in which clinical and outcome features of 237 cases of child sexual abuse diagnosed by Leeds paediatricians after Cleveland in 1989 were compared with previously published characteristics of 337 children diagnosed by the same paediatricians before Cleveland in 1985 and 1986. Clinical and diagnostic features also were analysed in two subgroups of the 1989 cohort, those for whom there was no case conference and those in whom further abuse was detected at follow-up examination. The number of cases diagnosed annually remained high, and source of referrals and age and sex distribution were similar. Most suspected perpetrators were from within the home in both cohorts. Some clinical features of the 1989 cohort suggested more physically severe abuse. In 1989 fewer children were registered as sexually abused, or were taken into care, and fewer suspected perpetrators were convicted. From the 1989 cohort those children for whom there was no case conference tended to be older, to disclose and were abused less severely by someone outside their home as compared to those for whom a case conference was held. The children in whom further abuse was detected tended to be younger, to not disclose. to be more severely abused by a perpetrator within the home and to be taken into care as compared to those in whom further abuse was not detected. One or more case conferences were held for nearly all of the children in whom further abuse was detected. For most of the 1989 children no evidence was found indicating receipt of mental health services from other than the key social worker. Implications of these findings are discussed in terms of professional and public knowledge and attitudes regarding children's and parental rights and family preservation.     

Risk factors and physical signs of child abuse in hospitalized children in Taiwan

PurposeThis study used the Criteria for Distinguishing Abuse from Accidents Chinese version (CDAA-C) to determine cases of child abuse, undetermined intent, and unintentional injury, and compared risk factors and injury profiles among hospitalized children in Taiwan.DesignA retrospective chart review study.MethodsWe selected children aged 0–3 who were hospitalized with a discharge diagnosis of injury or child maltreatment in a medical center in southern Taiwan between 2007 and 2009. The CDAA-C was used to collect children's demographics and injury types and to determine the intent of injury. Children's charts with records and notes of admission, surgery and emergency care were reviewed and analyzed.ResultsAmong 157 eligible cases, the CDAA-C identified 13 child abuse cases including additional 8 victims who were not previously coded in ICD-9-CM. Most abused children suffered from brain injuries, had ≥ 2 in jury incidents, and had a misdiagnosis in the previous visit. Abused children were younger and more likely to be born premature.ConclusionsThis study highlighted the under-diagnosis of child abuse in Taiwan. An easy-to-use standardized screening tool for child abuse in Taiwan is needed.     

Supreme Court examines impact of errors in detecting bias during jury selection

For many attorneys (and their trial consultants) jury selection is perceived as the pivotal trial within a trial that provides them an opportunity to participate in assembling a jury that will be receptive if not predisposed to their position. For prospective jurors, jury selection is also seen as a "trial" but in the very different sense that they may see it as placing their beliefs and attitudes on trial. The trial judge may also feel as if he or she is on trial, as an erroneous ruling during jury selection can be grounds for reversal on appeal regardless of the evidence that is subsequently introduced.     

Incest,paedophilia, pornography and prostitution: making familial males more visible as the abusers

In this paper I return to the survivor case study and sex offender data I used in my paper on conceptual models of the relationship between pornography and child sexual abuse in Child Abuse Review in 1997. Here I use them to show how paedophile typologies and sex offender classifications contribute to constructing the invisibility of the normal, ordinary, heterosexual family men who sexually abuse their own and other people's children on a very substantial scale. I also use it as the basis for developing a typology which constructs the connections between incest, paedophilia, pornography and prostitution in the form of a ‘Continuum typology of child sexual abuse and the characteristics of child sexual abusers’, and captures the crossover of victims and perpetrators and the overlap of intrafamilial and extrafamilial child sexual abuse and exploitation. This, in turn, becomes the basis for constructing a ‘Nosology of child sexual abuse classification’ which genders the abusers and takes account of both the overlap and the dominant discourse currently of policing and policy, in which ‘paedophilia’ and ‘child sex offending’ have become synonymous, and incest abusers are invisible. Copyright © 2001 John Wiley & Sons, Ltd.     

Group decision-making: An economic analysis of social influence and individual difference in experimental juries

In jury decision-making, individual viewpoints must converge to reach a group consensus. Convergence of viewpoints may reflect reasonable compromises, for example if jury deliberations reflect informational influences and social learning which allow individual jurors to correct biases, misunderstandings and/or imperfect recall of evidence. Conversely, some individuals may converge towards others’ viewpoints because of normative influences including peer pressure and preferences for conformity and these can generate biases in the final jury judgements. This paper presents experimental data showing that groups do have a significant tendency to compromise in jury-like settings. Econometric evidence shows that group characteristics, including the presence of acquaintances and strangers within the jury group, affect the extent of compromise. The implications are that jury deliberations may be biased by factors not relevant to a specific case, limiting the objectivity of jury decisions.