Child witnesses have provided a basis for controversy over the years in criminal justice. There are two main things that people worry about when it comes to having a child witness, one is the anxiety that is put on the child with regard to the traumatic experience and the other is dependability of the testimony. Child testimony has long been considered an important part of the case but what is to be done when there are questions regarding legal, ethical, and professional ways to interact with the children.
Legal, ethical, and professional considerations all tie into each other when it comes to children. The first part of a criminal investigation before the court case would be the line ups and interviews. Line ups can be difficult for adults to do correctly especially when they do not really know the person, now put a traumatized child into the same situation. The child already has less of a memory than an adult, that encompassed with trauma may lead to inaccuracies with the line ups, particularly if someone looks close to the suspect but the actual suspect is not in the lineup. This part is not as crucial as the police may understand an incorrect suspect picked out if they look similar to the actual respondent. The second part of the investigation, which is much more vital, is the interview.
The interview can have many difficulties and can lead to children placing fallacious charges onto a person, depending on how the interview is performed. Some of the problems with the interviews are leading questions, and interaction between an interviewer and the child. An interviewer can actually cause a child to become confused in the way they remember things if they do not ask questions in an appropriate way. The interview br...
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... a child making things like testifying difficult for them. Whether there will ever be a good way to use children as witnesses is still to be determined, however, children often prove a vital part of the criminal justice system’s success.
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So the question remains, Can we rely on children? Under unbiased, highly trained, standardized ways of interviewing.....the answer is yes. Clinicians who have had the training necessary to evaluate and judge are completely capable of interviewing these children because children are indeed competent and qualified to testify on the witness stand. Open ended questioning, yes-no questioning, selective questioning (man or woman) and identification questioning (what time was it?) are key ways of interviewing to provide for accurate recollection. And when a child is asked these questions in a neutral way, you can believe that they are telling the truth.
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The situation that I have thought of is, when I was on the jury for juveniles who committed first offenses. While I was listening to the lawyers depend these kids, I looked on the list and saw a familiar name. The name was a person I went to kindergarten with. She was being convicted of shoplifting. I could not believe it. All the thoughts of that soft, kind-hearted person went out the window. My behaviors were changed by the environmental influences. My thoughts were overcome with coldness. I felt that she choose her situation. Somewhere along she became part of the wrong crowd and never changed her situation. I also think that the situation changed what I thought of her.
Schmalleger, Frank, Criminal Justice A Brief Introduction, Upper Saddle River, NJ, Pearson Education Inc. , 2010, Page 387
Every day a child is called on to testify in a courtroom. Children who have to testify in open court are easily influenced by outside sources. This paper will show the reasons children should not be used as witnesses in a courtroom. I will show all the different influences that a child receives and prove them uncredible. The interview process can influence a child greatly. Ceci and Bruck (1995) found a study that shows that child witnesses may be questioned up to12 times during the course of an investigation. The questioning process can take up to a year and a half to be completed. Children are not capable of remembering exact details for that period. Their answers to questions will change each time he or she is asked. This is because they do not retain information in the same way as an adult. Most studies have shown that children start to lose their ability to recall an event accurately only 10 days after the original event has happened. Another factor in a child’s ability to recall an event is stress. A child can go into a shock stage and repress all memories of what has happened to them. These memories may not resurface for many years. This affects a child’s ability to identify the suspect in photo and live line-ups. The amount of stress a child goes through affects their ability to answer questions in an interview, if they cannot remember what has happened, how are they supposed to answer the myriad of questions the interviewer will ask them.
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Famous writer Robert Frost stated, “A jury consists of twelve persons chosen to decide who has the better lawyer.” While selecting a competent lawyer is important, in the court of law, the process of jury selection is easily one of the most important factors. While many elements are considered during the process of jury selection, the most valuable is the use of psychology. Psychology is used by lawyers during the process of jury selection to choose the best possible jurors to decide the fate of their client. Psychology can be used in many different ways such as voir dire, persuasion, and research.
Evidence provided in many courtroom cases can range from DNA samples, eyewitness testimony and video-recordings, to name a few. What happens when one of the main sources of information in a case comes from a child? Even worse, what if the child is the victim in the case? The topic of children participating and providing testimony in courtroom settings is an image that, presumably, most would not associate as a “usual” place for children. Yet in cases such as sexual abuse or violence towards a child or within the child’s family, it is not impossible to have cases where children are the predominant source of information provided for judges and jurors. Ref It is then important to consider the reliability of children’s testimonial accounts much like how adult testimonies are examined. The question of focus is then, to what extent can we rely on child eyewitnesses? Specifically, what factors influence the veracity of their testimonies?
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There are several domains that must be considered when treating a survivor of child abuse: the need for safety and trust, sense of belonging, protection from perceived or actual threats, facing the defendant in court, prevention of revictimization, and empowerment (Sawyer & Judd, 2012). Davis, 2005, states that “children terrorized through sexual abuse, neglect, physical abuse, or wartime atrocities may suffer from lasting wounds, nightmares, depression, and troubled adolescence involving substance abuse, binge eating, or aggression.” Victims of child abuse need to regain their sense of control over their lives. Experiencing healthy relationships, being nurtured by adults and helping them to learn resilience are all interventions that have been well-documented (Sawyer & Judd, 2...
John P. Wright, Kären M. Hess, Christine H. Orthmann. "Juvenile Justice." Cengage Learning; 6 edition, 2012
Spellman, B., & Busey, T. (2010). EMERGING TRENDS IN PSYCHOLOGY AND LAW RESEARCH: An editorial overview. Psychonomic Bulletin & Review, 17(2), 141-141-2.
The original concept behind the juvenile court system was an emphasis on rehabilitation rather than punishment. It was supposed to provide a means of protecting the child from the harshness of the adult court, which emphasized obtaining guilt and punishing the individual (Hickey, 2010). The dichotomies of "treatment-punishment" and "chi...