Assessment of Credibility of Testimony in Alleged Intimate Partner Violence: A Case Report

被引:5
作者
Silva, Teresa C. [1 ]
机构
[1] Mid Sweden Univ, Dept Humanities & Social Sci, Holmgatan 10, S-85170 Sundsvall, Sweden
关键词
Assessment; credibility of testimony; false allegations; intimate partner violence; victims; DOMESTIC VIOLENCE; FALSE ALLEGATIONS; RISK-ASSESSMENT; WOMEN VICTIMS; MENTAL-HEALTH; ABUSE; HELP; PERPETRATORS; VALIDATION; STRATEGIES;
D O I
10.1080/24732850.2021.1945836
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
Structured assessment of witness credibility in intimate partner violence (IPV) allegations has been well established for child custody purposes, although it is far from being systematically implemented, particularly when child custody is not at stake. Unstructured approaches may follow general, long-accepted guidelines in legal proceedings but ignore empirical knowledge about perpetrators and victims produced by years of cumulative research. Furthermore, judgments are at a high risk of being compromised by characteristics of the informant, the listener, and the situation. An accurate analysis of witness credibility is harder to accomplish and more essential when there is no conclusive evidence or when the alleged perpetrator denies the accusations and has no known history of interpersonal violence. To not believe real victims or wrongfully convict innocent individuals are miscarriages of justice that might be prevented to a certain extent if we improve credibility assessment accuracy. In this case report, I used a structured method that demonstrates how a conclusion about the credibility of an alleged victim of IPV can contrast with the conclusion produced by a trial judge. A structured credibility assessment of the alleged victim could have produced a different judgment. Implications for individuals, their families, and the justice system are discussed.
引用
收藏
页码:58 / 86
页数:29
相关论文
共 86 条
[1]  
Allen J.G., 2005, Coping with trauma: Hope through understanding, V2nd
[2]   The recent past and near future of risk and/or need assessment [J].
Andrews, DA ;
Bonta, J ;
Wormith, JS .
CRIME & DELINQUENCY, 2006, 52 (01) :7-27
[3]  
[Anonymous], 1996, LEVEL SERVICE INVENT
[4]  
[Anonymous], 2014, ENCY DECEPTION
[5]   A preliminary validation of the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER) in Hong Kong [J].
Au, Alma ;
Cheung, George ;
Kropp, Randall ;
Yuk-chung, Chan ;
Lam, Gladys L. T. ;
Sung, Pauline .
JOURNAL OF FAMILY VIOLENCE, 2008, 23 (08) :727-735
[6]  
Austin W.G., 2000, Family and Conciliation Courts Review, V38, P462, DOI DOI 10.1111/J.174-1617.2000.TB00585.X
[7]   Intimate Partner Violence and Child Custody Evaluation, Part I: Theoretical Framework, Forensic Model, and Assessment Issues [J].
Austin, William G. ;
Drozd, Leslie M. .
JOURNAL OF CHILD CUSTODY, 2012, 9 (04) :250-309
[8]   Intimate partner violence theoretical considerations: Moving towards a contextual framework [J].
Bell, Kathryn M. ;
Naugle, Amy E. .
CLINICAL PSYCHOLOGY REVIEW, 2008, 28 (07) :1096-1107
[9]  
Borum R., 1996, J PRACTICAL PSYCHIAT, V4, P205, DOI [10.1097/00131746-199607000-00002, DOI 10.1097/00131746-199607000-00002]
[10]   The Impact of Intimate Partner Violence on Women's Physical Health: Findings From the Missouri Behavioral Risk Factor Surveillance System [J].
Bosch, Jeane ;
Weaver, Terri L. ;
Arnold, Lauren D. ;
Clark, Eddie M. .
JOURNAL OF INTERPERSONAL VIOLENCE, 2017, 32 (22) :3402-3419