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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 forensic interview process happens when children have been abused or witnessed a violent act. “Every year more than 3 million reports of child abuse are made in the United States involving more than 6 million children (a report can include multiple children) (National Child Abuse Statistics).” In the United States there are about four to seven children that die every day due to child abuse and neglect (National Child Abuse Statistics). There are many different processes to conduct the interview and a number of steps are followed so children can tell their story accurately. People conducting the interview are supposed to make the child feel comfortable in their environment so they can find out what events happened.
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
This is what sparked the use of anatomical dolls in cases of sexual abuse with children. Multiple interviews with children and other witnesses with disabilities can also result in suggestive testimony. The first interviewer may have communicated suggestions to the child which are then repeated as truth in the subsequent testimony. In the past an investigation of child abuse might have the victim interviewed by a detective, a child protective services caseworker, a physician and a prosecutor. When the research indicated a problem with suggestive interviewing, a concern began to develop that the child was parroting to the later interviewers what they believed the prior interviewers desired to hear. This has led to the development of family advocacy centers where a child is interviewed a single time by a specialist and the information provided to appropriate
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.
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.
In reading about this case, I am struck first and foremost, by the damaging effects of improperly executed child witness interrogation practices, and the enormous value of the immense body of research and the resultantly improved understanding of the effects of the proper handling of such a delicate undertaking. I can’t help but feel that the interrogation process itself, can in effect be a traumatic event, and the manner in which it is carried out acting as either a benefit or an added stressor, to a child already in obvious distress. These considerations are directly responsible for so many cases of child abuse not being reported, out of a fear of worsening an already painful experience, and underline the great need for, and value of, such protective and progressive institutions, such as child advocacy centers.
Many people think that children do not lie. It is not that they lie, they just cannot remember what happened a year or two ago when they were much younger, perhaps only a year or two old. The truth is children do lie. “One study shows that twenty three percent of abuse allegations are false and there was insufficient information to determine the truth in another twenty four percent” (Slicker W.D., 1999, Child testimony ¶ 16). Fear is also a factor in children lying or not providing adequate information. Lepore (1991) says that studies show in most abuse cases the suspect will usually bribe the child or threaten them into secrecy. This causes the child to become afraid to tell the truth, and they will begin to deny what has happened or even worse not report the abuse at all. The way an interviewer phrases a question will influence a child.
The Forensic interview technique is a result of the increasing awareness of child abuse and neglect cases in the United States in the last quarter of the 20th century (Newlin et al, 2015). Forensic interviewing has come a long way from when it was first being developed and has continuously evolved to have the best outcome for children. The purpose of Forensic interviewing is to be more child friendly, to consider the age and development of the child, and to be cognizant of a child’s trauma which is specified in the “Purpose of the Child Forensic Interview” and “Considerations Regarding the Child” sections of the Newlin article. Forensic interviewing has become more specialized and developed since it first began to be utilized. It has developed
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.
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
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?
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.