University of Southern California
University of Southern California Legal Studies Working Paper Series
Complex Questions Asked by Defense Lawyers But Not Prosecutors Predicts Convictions in Child Abuse Trials
Article comments
Published in Law & Human Behavior (2008). This paper can be downloaded at http://works.bepress.com/thomaslyon/58/
The full text of this version of the article is not currently available online.
Abstract
Attorneys’ language has been found to influence the accuracy of a child’s testimony, with defense attorneys asking more complex questions than the prosecution (Zajac & Hayne, J. Exp Psychol Appl 9:187–195, 2003; Zajac et al. Psychiatr Psychol Law, 10:199–209, 2003). These complex questions may be used as a strategy to influence the jury’s perceived accuracy of child witnesses. However, we currently do not know whether the complexity of attorney’s questions predict the trial outcome. The present study assesses whether the complexity of questions is related to the trial outcome in 46 child sexual abuse court transcripts using an automated linguistic analysis. Based on the complexity of defense attorney’s questions, the trial verdict was accurately predicted 82.6% of the time. Contrary to our prediction, more complex questions asked by the defense were associated with convictions, not acquittals.
Subject Area
Criminal Law and Procedure, Domestic Relations, Evidence, Juveniles, Psychology and Psychiatry
Recommended Citation
Angela D. Evans, Kang Lee, and Thomas D. Lyon,
"Complex Questions Asked by Defense Lawyers But Not Prosecutors Predicts Convictions in Child Abuse Trials"
(May 2009).
University of Southern California.
University of Southern California Legal Studies Working Paper Series.
Working Paper 40.
http://law.bepress.com/usclwps/lss/art40
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