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Children eyewitness testimonies in the criminal justice system
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The role of child witnesses in the criminal justice has been challenged due to inappropriate circumstances of the legal system. In the presence of court, children are traumatized by mental harassment, intimidation, confusion and misleading questioning during the interventions of eyewitness testimony and witness identification. Also legal system does not promote either privacy or the safety of the child eyewitness in both inside and the outside of the court. Confronting the respondent in the court room particularly, make the child dreadful experience. Because, this would be the first time that the child and the criminal meet after the alleged offences. Such occasion’s criminal may attempt to threaten the child witness through facial expressions …show more content…
The children have to give evidence in front of a strange person, the solicitor. However children are often unwillingly speak to yet another stranger. Though the solicitor adhering ethics to not contact with the witnesses, it needs to be flexible in relation to child witnesses. Many occasions children ignore the role of the solicitor or the types of questions asked in order to take judiciary decisions. Before the trial, children have no chance of meeting the prosecutor or establishing a connection with DP till prior to giving their evidence. Additionally, one criminal case may conduct by different prosecuting attorney or the whole team may change from the beginning to the end of the trial. Thus new judge would not have definite knowledge on either the child or his/her circumstances, and thus these intentionally may make upset the child and his giving evidence. On the other hand, child may not understand the questions accurately thus he would mislead in witnessing. Incomprehensible terminology and the court formalities are alienated to many children and they could intimidate and confuse children witnesses. These problems often occur during cross-examination. Lawyers of the criminal purposefully tend to use baffling statements with the view of confusing the eyewitness. This could prevent a child not only witness from describing events but also increase the confusion and memory
More than 200,000 children may be involved in the legal system in any given year, and 13,000 of these children are preschool age. Often with these cases involving young children, issues arise concerning credibility, vulnerability, and memory retrieval. Studies have shown that preschool age children are quite capable of providing accurate testimony, but they are also more vulnerable to distorting this memory and testimony. Public and professional opinion about the credibility of children as witnesses in court cases has been sharply divided. On one side, it is contended that when children disclose details of a circumstance, they must be believed, no matter what techniques were used to obtain this disclosure. For example, if a child is asked whether or not he/she was abused, and to describe this incident, we must believe that child because children cannot possibly generate a false report of their own sexual victimization. The other side depicts children as being helpless sponges ...
The first phase of the interview process is planning details of what the interview will consist of. A witness assessment is what allows interviewers to find out information about the child and what happened to the child. The interviewer collects information about the child such as the name, age, gender, ethnicity, current living situation, physical/learning disability, medications taken, emotional state, any contact with public services, and relationship to the offender (Lamb, Michael E.; La Rooy, David J.; Malloy, Lindsay C.; Katz, Carmit (2011). It’s useful to find what hobbies may interest the child to build a connection with them. It also helps to find out any misunderstandings of the event that could lead to a false accusation (Forensic Interviewing Protocol). This helps distinguish any possible missing information and if the child is being accurate with their story.
Most young offenders get into trouble with the law only once. But the younger children are when they first break the law, the more likely they are to break the law again (Statistics Canada study, 2005). The Youth Criminal Justice Act (YCJA) attempts to acknowledge that different youth need different sentences within the justice system, while ensuring that it is fair and equitable for them. Many people, both in Canada, and around the world, believe that youth are not reprimanded harshly enough for the crimes they commit and that they are, in general, are able to squeeze through the justice system without punishment. Others, believe that the justice system does not treat youth fairly and punishes them without acknowledging that rehabilitation
Elizabeth Loftus, is a psychologist, mainly concerned with how subsequent information can affect an eyewitness’s testimony. Loftus has focused on misleading information in both the difference in wording of questions and how these questions can influence eyewitness testimony. This research is important because frequently, eyewitness testimony is a crucial element in criminal proceedings. Throughout Loftus’s career she has found a witness’s memory is highly flexible and subject to being influenced. The classic study by Loftus and Palmer (1974), illustrates that eyewitness testimony can be influenced by leading questions and ultimately proved unreliable.
However, as the court system creates a level of judgment on the crime that was committed by a juvenile, there is a higher focus on providing individuals with a level of protection in terms of their information being put in the public arena. In many of the cases that can be seen in the public sphere, individuals that are of a certain age are usually not provided their names to public outlets. They are simply called witnesses or offenders, which is a key way of creating an implementation of confidentiality by shadowing the names and not providing that information to the public. Overall, this helps individuals become more protected from any type of future harm depending on the offense that might have occurred.
Aftercare programs are used often with juveniles in hopes of preventing recidivism. Recidivism is of high concern to the criminal justice system in that the safety of the public depends on low recidivism rates. Juvenile Incarceration facilities have programs set up, such as education and pro-social behavior classes, to promote bettering the juvenile’s life. However, research has shown that the progress made while incarcerated slowly declines upon release. This is testimony to the importance of aftercare programs in preventing recidivism.
Even though I am aware that there have been great strides forward, especially within the past decade, in the implementation of safer and more constructive methods, in regards to child interviewing practices, I am appalled at the gross negligence of our justice system, in their failure to protect children from the brutal onslaught of such damaging interrogation. Not only does it fail to safeguard a child’s health and well-fare, but it also proves counterproductive in the gathering of reliable testimony, and so therefore does not ultimately serve the constructs of justice, either.
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.
The child advocacy center model incorporates several different approaches to create one that has been more beneficial compared to other Forensic interviews (Hebert et al, 2016). It combines multidisciplinary teams, evidence-informed Forensic interviewing practices, and victim advocacy (Herbert et al, 2016). This is similar to what has been found to be beneficial when working with victims of human trafficking. Child advocacy centers also offer child-friendly settings in how people interact and how the building looks. Children could be intimidated by certain settings like a police station, a hospital, school, or CPS office and could feel like they are the ones in trouble (Herbert et al, 2016; Jones et al, 2007). A child advocacy center aims to be comforting and be inviting to the child, so they aren’t afraid. It also works to limit the amount of interviews the child undergoes by being multidisciplinary. If a child is constantly having to repeat their story, it increases the likelihood they will change pieces to please the interviewer or will recant altogether (Herbert et al,
During the identification and prosecution of a suspect, eyewitnesses are of the utmost importance. They provide crucial information that determines the fate of the criminal, whether their memories are true to the event or slightly altered. Many eyewitnesses, being the victims of these crimes, have strong emotions related to the event. It has been found that emotions play a role in the accuracy and completeness of memories, especially in eyewitness testimony (Huston, Clifford, Phillips, & Memon, 2013). When emotions are negative in content, accuracy increases for memory of an event (Storbeck & Clore, 2005; Block, Greenberg, & Goodman, 2009). This finding holds true for all types of eyewitnesses, including children. There is no difference in memory between children and adults for aversive events, suggesting that the child eyewitness is just as capable as the adult eyewitness to give an accurate testimony (Cordon, Melinder, Goodman, & Edelstein, 2012). For my research paper, I will focus on the role of emotion in children’s eyewitness testimony.
Thousands of kid criminals in the United States have been tried as adults and sent to prison (Equal Justice Initiative). The debate whether these kids should be tried as adults is a huge controversy. The decision to try them or to not try them as an adult can change their whole life. “Fourteen states have no minimum age for trying children as adults” (Equal Justice Initiative). Some people feel that children are too immature to fully understand the severity of their actions. People who are for kids to be tried as adults feel that if they are old enough to commit the crime, then they are old enough to understand what they are doing. There are people who feel that children should only be tried as adults depending on the crime.
The juvenile system was first established in the United States around 1899 when Illinois had their first court appearance including a juvenile. This then led to the Nation’s first juvenile system being created, which was for youth under the age of eighteen who have been convicted of crimes. Up until then, most youth were tried as an adult until the system was put into place. The system has different sections in which they youth is taken in such as: intake, adjudication, disposition, and post adjudicatory.
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?
The people of the state file the charges, and they county attorney represents the State. They file petitions against the juvenile to charge him or her with the crime that was committed. A delinquent act is considered an act committed by a juvenile; which would be a crime that was committed by an adult. In the event of a delinquent act, the legal process is considered different than the process used against adult offenders. The juvenile justice system tries to treat; as well as, rehabilitate juvenile offenders. This may include diverting the youth from court processes, they process these through justice services. Another difference is the speed and privacy of the juvenile trial. The juvenile case is quickly resolved while still maintain the privacy of the offender. Juveniles were given four specific rights during trial; the right to a fair notice of evidence which gives the defender sufficient time to prepare, the right to be represented by a lawyer, the right to cross-examine and face the accuser, last the right and privilege against self-incrimination. Juvenile system is; investing and charging, leading to custody or detention, next to a location hearing, moves to an arraignment hearing, pretrial hearing, then to trial, in the event of a conviction to a disposition hearing. In the event of a more serious crime the judge can decide if the juvenile should be tried as an adult. If he or she
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.