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Accordingly, the appellants are entitled to a new trial on these grounds. However, an examination of the record establishes that the medical evidence was inconclusive as to abuse or abuse by the defendants and that the children's reports of abuse may have been tainted by the influence of social workers and law enforcement officials who investigated and prepared the government's case. Among other things, the article documents adequate research indicating the following:1. A review of the record here reveals the children were asked entirely leading questions in court. If the interviewer's original perception is incorrect, this can lead to high levels of inaccurate recall. Whitetail, 956 F.2d 857, 859 (8th Cir.1992) (same); United States v. Pierre, 812 F.2d 417, 419-20 (8th Cir.1987) (expert can inform jury of characteristics found in sexually abused children and describe characteristics alleged victim exhibits). Johns, 15 F.3d 740, 743 (8th Cir.1994), we rejected the defendant's argument that an expert impermissibly vouched for a sexual abuse victim's credibility because implicit in the expert's testimony was the opinion that the victim was telling the truth. Whitted, 11 F.3d 782, 785 (8th Cir.1993), we determined that an expert may inform the jury of characteristics found in sexually abused children and describe characteristics the alleged victim exhibits. Underwager was not testifying as to whether the children were credible, but rather to whether they were subjected to suggestive practices. We grant relief on two issues: (1) refusal to allow expert opinion testimony by a court appointed psychologist that the children's evidence and testimony became tainted by suggestive influences to which the children were subject in the investigation and trial, which influences included taking the children (the alleged victims and nine other children) from their families and from their residences and (2) denial by the trial court of the defendants' motion for independent psychological examination of the allegedly abused children-in light of the circumstances of the case. The Supreme Court recently revisited the “abuse of discretion” standard in Koon v. The Ceci-Bruck article does not state that young children should not testify but observes that many common interviewing practices can produce an altered memory.Jean Brock, a social worker for the Department, transported the children to Jordan's foster home, and told the children it was their uncles' fault that they were being taken away because the uncles were doing “bad things” to them. The discussion in the case does not apply to “technical, or other specialized knowledge[,]” but only to “scientific knowledge.” Id. City of Detroit, 25 F.3d 1342, 1349 (6th Cir.1994), cert. Children in studies and in actual cases have shown that peer pressure or interaction with other children has effects on the accuracy of their reporting: they will provide an inaccurate response when other children have “already told” in order to go along with a peer group or be part of the crowd. They are usually questioned repeatedly within and across sessions, sometimes about an ambiguous event by a variety of interviewers, each with their own agenda and beliefs. The authors conclude with these comments: Our review of the literature indicates that children can indeed be led to make false or inaccurate reports about very crucial, personally experienced, central events.․Therefore, it is of the utmost importance to examine the conditions prevalent at the time of a child's original report about a criminal event in order to judge the suitability of using that child as a witness in the court. The children themselves provided a source of this information because after weeks of interrogation and “counselling,” the sex abuse accusations expanded to include all sorts of family members including the grandmother.On her initial intake sheet, Brock noted that “the children love the adults,” but that the home was messy. Children are sometimes interviewed formally and informally for many months preceding an official law-enforcement interview with anatomical dolls, providing an opportunity for the child to acquire scripted and stereotypical knowledge about what might have occurred. It seems particularly important to know the circumstances under which the initial report of concern was made, how many times the child was questioned, the hypotheses of the interviewers who questioned the child, the kinds of questions the child was asked, and the consistency of the child's report over a period of time. This well may have been fantasy and bears on the reliability of the government's case against these defendants.Where that occurs, the testimony may be true in the child's mind, but false in fact. The next day, on January 11, 1994, apparently without any additional evidence or investigation, the Department removed approximately thirteen children from the Rouse home and a nearby home. Application of Daubert criteria to behavioral and social science evidence, particularly psychological syndromes, is problematic for two reasons: (1) judges' level of understanding of scientific principles and methodology may ill prepare them to evaluate science, including social science, as now required by Daubert and (2) the nature of certain social and behavioral science theories may be inherently inconsistent with Daubert criteria such as “falsifiability” and “error rates.”James T. Experts are critical of this kind of reward as “bribing” children to “admit” abuse or give abuse-consistent answers, such as promising to end the interview, or giving them other tangible rewards. Their perceptions, and thus their suggestibility, may be influenced by subtle aspects of the interview such as the repetition of yes-no questions, but their compliance is evidenced most fully in naturalistic interview situations in which the interviewer is allowed to question the child freely; this gives the child the evidence to make the necessary attributions about the purposes of the interview and about the intents and beliefs of the interviewer. Also, during the trial, government evidence surfaced showing that T. also had engaged in sexual relations with another boy.According to the evidence, squad cars pulled up and the children were physically removed while they cried and clung to their uncles' and other adults' legs. The Daubert opinion, while dealing with scientific evidence, specifically noted that the discussion was limited to a scientific context that was the nature of the expertise offered in that case. Richardson, et al., The Problems of Applying Daubert to Psychological Syndrome Evidence, 79 Judicature 10, 10-11 (July-Aug.1995); see also Berry v. Such techniques affect the accuracy of children's reports.7. Underwager testified regarding the concept of “cross-germination” among the children. Ceci, Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony 146-50 (American Psych. Observations of interactions in the legal arena highlight the fact that children who testify in court are not interviewed in sterile conditions such as those found in many of the experiments we have reviewed. This evidence was not placed in front of the jury however.
The jury acquitted the defendants of the remaining charges. Underwager can produce biased, untrue or false memories in children, and more particularly young children.South Dakota also ranks third for proportion of Native Americans in its population, with 8.5 percent of the state’s population identifying as "American Indian." And one in eight South Dakotans lives below the poverty level – two other factors that some experts say offer an explanation as to the high sex trafficking rates.“You’ve got a number of perfect-storm factors,” Sarah Deer, a law professor at William Mitchell College in Minnesota and an expert on domestic violence in Native American communities, told the Associated Press.And as a result, federal law enforcement has pursued more than 50 sex trafficking cases in the state and won dozens of convictions in the recent years.“We’re just a friendly state and I think traffickers see this as a trusting place and think ‘They’re never going to catch me. “Well, we seem to be catching an awful lot of them.”Although South Dakota’s remoteness once made it seem disconnected from issues such as sex trafficking, experts say it is likely the same reason traffickers have found success in the rural state.Brendan Johnson, a former US attorney, says the traffickers probably moved to South Dakota “to be a bigger fish in a smaller pond,” so they could have easy trafficking access to Midwest states with less competition.
“We can no longer say this is rural, safe South Dakota,” Jenise Pischel, program coordinator at Our Home Inc., a non-profit that helps trafficked girls, told the Associated Press.