THERAPEUTIC INTERVIEW V INVESTIGATIVE INTERVIEW

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THERAPEUTIC INTERVIEWVINVESTIGATIVE INTERVIEW
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THERAPEUTIC INTERVIEW

• Purpose to provide treatment for the patient
• To provide treatment a diagnosis must be made
• Treatment would involve providing safe
  environment and obtaining disclosure
• Clinical methods of interviewing are used
• These include leading questions, hypothetical
  questions, play therapy
• Primary focus emotional well- being of child

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INVESTIGATIVE INTERVIEW

• Purpose establish the facts of the incident
  under investigation
• Need to find out what witness has seen,
  experienced, heard so that evidence can be
  placed before court
• Interview used to discover material truth
  (whether incident took place)
• Takes place within a legal framework
  (accuseds rights)
• Primary focus to obtain accurate information

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THERAPEUTIC V INVESTIGATIVE

• Dilemma
• what is best for the patient
• v
• what is best for the court case

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STATE OF IDAHO vLAURA LEE WRIGHT (1990)

• Do you play with daddy?
• Does daddy play with you?
• Does daddy touch you with his pee-pee?
• Do you touch his pee- pee?

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Jambura Do you play with daddy? Does daddy
touch you with his pee-pee? Do you
touch his pee-pee? And again we then
established what was meant by pee-pee, it
was a generic term for genital
area.Prosecution Before you get into that,
what was, as best you recollect, what was
her response to the question do you play with
daddy?Jambura Yes, we play - I remember
her making a comment about yes, we play a
lot and expanding on that and talking about
spending time with daddy.
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Prosecution And does daddy play with you?
was there any response?Jambura She
responded to that as well, that they
played together in a variety of
circumstances and, you know, seemed
very unaffected by the question.Prosecuti
on And then what did you say and her
response?Jambura When I asked her Does
daddy touch you with his pee-pee, she did
admit to that. When I asked do you touch
his pee-pee, she did not have any
response.
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COURT DECISION

• Conviction set aside
• Instead the hearsay declarations of the younger
  Wright girl are not trustworthy because of Dr
  Jamburas interview techniques the questions and
  answers were not recorded on videotape for
  preservation and perusal by the defense at or
  before trial and blatantly leading questions
  were used in the interrogation which was
  performed by someone with a preconceived idea of
  what the child should be disclosing..

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WARDSHIP CASES UK

• In wardship cases in the UK, the judge was
  obliged to appoint a psychiatrist or a
  psychologist to examine a child and to give an
  opinion as to whether the child had been abused
  or neglected. These interviews were videotaped ,
  and eventually found their way into court.

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THERAPEUTIC TECHNIQUES

• hypothetical or circular questions
• if something rude has happened to you, like
  being touched on your vagina (demonstrating on
  doll), who would you speak about it to?
• would you say if you had such a touch it would
  hurt more if the touch was just on the outside
  or inside, or a little way inside your vagina or
  a long way?
• if you were touched in this way, did it hurt a
  little or a lot?

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what was basically developed as a clinical
technique to help make a diagnosis and ensure the
protection of a child was, therefore, being
scrutinised in the court context, as a forensic
technique, and inevitably the value of such
interviews were being questioned.
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RE M MINORS The Times, 2 May 1982Mr Justice
Latey There was a contradiction between the
needs of clinical therapeutic methods and the
needs of the court. For clinical therapy it was
necessary to get the children to give an account
of what had happened to them, and this often
necessitated the use of leading questions, which
did not accord with the requirements of a legal
interview.