Dr Natalie Martschuk1, Dr Madeleine Bearman, Prof Martine Powell
1Centre for Investigative Interviewing, Griffith University, Brisbane, Australia
Biography:
Dr Natalie Martschuk is a Research Fellow at the Centre for Investigative Interviewing, Griffith Criminology Institute. She is a legal psychologist conducting research that involves empirical legal studies that foster evidence-based decisions to promote social justice. Her research includes legal decision-making, investigative interviewing strategies, witness credibility, and interpreter-mediated legal proceedings. Dr Martschuk investigates how vulnerable individuals can give their best possible evidence regardless of their cognitive and linguistic abilities. Her research has informed policy and practice. Dr Martschuk has clinical-forensic practice experience that assisted her in implementing the knowledge and challenges of a practitioner in her research.
Abstract:
This study explored what factors influenced police decisions to proceed or not proceed in cases involving physical versus sexual abuse of children, and what evidentiary issues were associated with a specific case outcome. A total of 45 police investigators were questioned about a recent case that they remembered best using sumi-structured interviews. The interview transcripts were thematically analysed forming nodes about case specifics, evidentiary issues and decisions to refer the case to prosecution. The discussed cases involved complaints of alleged physical (54.5%), sexual abuse (50.0%), and other (15.9%; e.g., squalor, neglect, suspected abduction). The children were between 5–16 years old (M = 9.8). In most cases, the suspect was known to the children (93.2%), an adult (86.4%), and male (77.2%). The individual characteristics of children that were perceived to adversely influence the interview and the investigation were child’s younger age, intellectual disability, and male gender. Some participants expressed difficulty and frustration when interviewing children due to their own lack of experience. The main factors reported to have influenced the decision to proceed were quality of evidence and child interview, whether it was in the best interest of the child to proceed with charges, and whether the family/children wanted to proceed. An additional consideration was the offenders’ young age, such that cases involving juvenile offenders were resolved through means other than criminal charges, namely family conferences (physical abuse) or referring a suspect of sexual abuse to a program for juvenile sexual offenders.