Journal articles: 'Child witnesses'

1

Newman, Alison. "Child Witnesses." Adoption & Fostering 17, no. 1 (April 1993): 61–62. http://dx.doi.org/10.1177/030857599301700121.

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Juhriati, Jufrin, and Muhammad Amin. "LAW ENFORCEMENT AGAINST CHILDREN WITH VIOLENCE." Awang Long Law Review 6, no. 1 (November 27, 2023): 1–8. http://dx.doi.org/10.56301/awl.v6i1.816.

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The purpose of this research is first to describe the implementation of law enforcement against child victims of intercourse accompanied by violence in the Bima Kota Police PPA Unit; second, to describe the obstacles in law enforcement against child victims of violent intercourse at the Bima Kota Police PPA Unit. Empirical legal research methods (non-doctrinal), case and policy approaches, using data collection, documentation, observation and interviews and integrating with literature review of legal documents relevant to the object under study, and analyzed descriptively. The results of the study show, First, the implementation of law enforcement against child victims of violent intercourse at the Bima City Police Unit PPA is in accordance with applicable laws and regulations using the Criminal Procedure Code and the SPPA, where at the investigation level it is carried out starting with an initial examination or interrogation of witnesses who can provide clues to the incident. Then a post mortem et review was carried out on the victim's child to identify injuries to physical violence. Then the crime scene was processed at the scene to confirm other clues. Second, obstacles in law enforcement against child victims of sexual intercourse, (1) Witnesses who are still children and find it difficult to communicate during the examination process. Especially if the key witness is a child who is still traumatized by the events he witnessed. (2) There were no witnesses who saw them directly and the witnesses did not want to come to provide information. (3) There were difficulties in uncovering the cause of death of the victim's child because in the jurisdiction of the Bima City Police there were no forensic experts so they had to carry out an autopsy at the Bayangkara Hospital in Mataram. (4) There is no expert psychologist witness accompanying the child witness in proving the quality of the testimony given by the child witness.

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3

Moore, Angela D. "False Memories and Young Child Witnesses." New Criminal Law Review 19, no. 1 (February 1, 2016): 125–39. http://dx.doi.org/10.1525/nclr.2016.19.1.125.

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This article looks at the problems presented by admitting statements made by young children at trial. Over time, presumed chronological thresholds for incompetence have all but disappeared in favor of general rules of competence that are agnostic about the reality of children’s susceptibility to develop false memories. Although the standard of competence requires a witness to understand the burden to tell the truth of what was witnessed, it does not adjust to accommodate the suggestibility of young children and their susceptibility to rumor, which has been shown in numerous studies in the field of developmental psychology. Especially troubling is a common rule that allows leading questions to be asked of children to elicit specific witness statements. Widening the scope of incompetence to react to social science understandings of the reliability of children’s statements poses too high an administrative burden. Instead, expert witnesses and jury instructions—which speak to credibility instead of competence—should be available to address social science findings.

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Bekink, Mildred. "The Constitutional Protection Afforded to Child Victims and Child Witnesses while Testifying in Criminal Proceedings in South Africa." Potchefstroom Electronic Law Journal 22 (May 27, 2019): 1–50. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5774.

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The protection of child victims and witnesses in the criminal justice system is of vital importance, as present-day research studies conducted on the victimisation of children in South Africa show that South African children in particular experience and witness exceptionally high levels of crime, and consequently represent a significant portion of the victims and witnesses that have to appear in court to testify about these crimes. This contribution consists of an in-depth discussion of the rights of the child victim and witness encompassed in the Constitution of the Republic of South Africa, 1996 in order to determine whether the current protection afforded to child victims and witnesses while testifying in criminal proceedings in South Africa is in line with South Africa's constitutional obligations. In this regard the general constitutional rights in the Bill of Rights relating to child victims and witnesses as well as the specific constitutional rights of child victims and witnesses in section 28 of the Constitution are discussed.

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5

Goddard, Ann. "Presidential Address: Child Witnesses." Medicine, Science and the Law 36, no. 4 (October 1996): 277–82. http://dx.doi.org/10.1177/002580249603600401.

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6

Saywitz, Karen J., Rebecca Nathanson, and Lynn S. Snyder. "Credibility of child witnesses." Topics in Language Disorders 13, no. 4 (August 1993): 59–78. http://dx.doi.org/10.1097/00011363-199308000-00009.

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7

CEDERBORG, ANN-CHRISTIN. "Factors influencing child witnesses." Scandinavian Journal of Psychology 45, no. 3 (July 2004): 197–205. http://dx.doi.org/10.1111/j.1467-9450.2004.00395.x.

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8

ALLWOOD, CARL MARTIN, PÄR ANDERS GRANHAG, and ANNA-CARIN JONSSON. "Child witnesses' metamemory realism." Scandinavian Journal of Psychology 47, no. 6 (December 2006): 461–70. http://dx.doi.org/10.1111/j.1467-9450.2006.00530.x.

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9

Hidayat, Riyan, Elwi Danil, and Yoserwan Yoserwan. "The Power of Evidence of Victims in Immoral Criminal Procedure in the West Pasaman Court." International Journal of Multicultural and Multireligious Understanding 8, no. 1 (January 3, 2021): 61. http://dx.doi.org/10.18415/ijmmu.v8i1.2244.

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Referring to Article 185 paragraph (7) of the Criminal Procedure Code which in essence explains that "the testimony of witnesses who are not sworn eventhough in accordance withone another, does not constitute evidence, but if the statements are in accordance with statements from sworn witnesses, it can be used as additional tools other valid proof. This raises problems in the level of practice when the childis confronted as a victim of an immoral crime, usually there are no witnesses who see and hear the criminal events committed by the perpetrator sofcrime. Instead, there is only child (not yet capable of law) as a witness who experienced the crime. However, the child's information is only used as a guide or only used to streng then the belief of the Judge because the information given by the child is considered not to meet the requirements as a witness information according to the Criminal Procedure Code. In this regard, we can see and analyze the judges' judgmentrelated to the power of proof of children witness from victims within immoral criminalaction in the jurisdiction of West Pasaman District Court. The formulation of the problem in this study is How is the power of witness information by victim's child in the case of immoral crime in the jurisdiction of the West Pasaman District Court ?. This research is a normative juridical research through case approach, law approach and conceptual approach. This research is descriptive. The results showed that The power of proof of witness information by victim'schild in immoral acts has diverse legal force. First, it is based on whether a Victim's Child can be sworn in court, so that the information by victim's childis recognized to have the same legal force as the witness's statement in the event that the victim's child can be sworn in providing information. Second, the information by the victim'schild Streng thens the judge's conviction or atleast provides guide for the judge to support the evidence of alleged criminal acts of immorality. Third, the judge did not judge the information by the victim's child to have the power of proof be cause it was considered to be incompatible and independent.

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10

Mohamad Yunus, Mohamad Ismail Bin, Nik Rahim Nik Wajis, Mualimin Mochammad Sahid, and Nurliyana Shahira Baharli. "THE LAWS PROTECTING CHILD WITNESSES IN GIVING EVIDENCE: HARMONIZATION BETWEEN MALAYSIAN LAWS AND AS-SHARIA." Indonesia Private Law Review 2, no. 2 (December 31, 2021): 137–50. http://dx.doi.org/10.25041/iplr.v2i2.2401.

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Since issues of child abuse and other crimes against children have been brought to the public's attention through the media, this article considers to highlight one of the issues relating to the protection of child. The issue of the laws protecting child witnesses in giving evidence will come into the discussion. This paper considers the issue of corroboration of the child witness in the aspects of sworn and unsworn statements to determine whether the evidence given by children will be relevant and admissible in Courts. In tackling the issues, the research methodology applied by the authors is by analyzing and evaluating the decided cases and studying the substantive laws procedure in protecting child witnesses in giving testimony in Courts. The expectation findings of this paper are to harmonize between Malaysian and Islamic law relating to the protection of child witnesses in giving evidence in the court of law. After having observed the conflicts or the problems that had stem out of the current laws and procedures governing child witnesses as to the remedies, the final part of the article proposed some solutions and recommendations from the Islamic point of view.

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Burd, Kayla A., and Dawn E. McQuiston. "Facility Dogs in the Courtroom: Comfort Without Prejudice?" Criminal Justice Review 44, no. 4 (May 2, 2019): 515–36. http://dx.doi.org/10.1177/0734016819844298.

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Courthouse facility dogs are expertly trained canines that assist individuals with psychological, emotional, or physical difficulties in a myriad of courtroom situations. While these animals are increasingly used to assist young witnesses in court, it is not yet known whether they are prejudicial to defendants or the witnesses they accompany during trial. Across two studies utilizing mock trial paradigms involving child witnesses, we explored the impact of courtroom accommodations (facility dog vs. teddy bear vs. no accommodation) on mock jurors’ judgments about the defendant and child witness. In Experiment 1, teddy bears, but not facility dogs, were prejudicial to defendants, while in Experiment 2, neither facility dogs nor teddy bears were prejudicial. Further, mock jurors’ perceptions of the child witness were not influenced by courtroom accommodations. Evidence from both studies suggests that, contrary to various legal arguments concerning due process, facility dogs may not influence verdict, verdict confidence, or sentencing.

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Nave, Jonathan, Christine A. Helfrich, and Ann Aviles. "Child Witnesses of Domestic Violence." Occupational Therapy in Mental Health 16, no. 3-4 (June 12, 2001): 127–40. http://dx.doi.org/10.1300/j004v16n03_08.

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13

Bainham, Andrew. "CHILD WITNESSES IN FAMILY PROCEEDINGS." Cambridge Law Journal 69, no. 3 (November 2010): 458–60. http://dx.doi.org/10.1017/s0008197310000735.

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14

FLIN, RHONA. "Child witnesses in criminal courts." Children & Society 4, no. 3 (June 28, 2008): 264–83. http://dx.doi.org/10.1111/j.1099-0860.1990.tb00366.x.

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15

Gupta, Tara. "Child witnesses—An Australian perspective." Child Abuse Review 3, no. 3 (September 1994): 179–82. http://dx.doi.org/10.1002/car.2380030306.

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16

Helo, Shadi Helo Abu, Ibrahim Mohamad Al Ramamneh, Tawfiq Almajali, and Omar Alarayshi. "Using Modern Technology to Protect Child Victims and Witnesses of Crime." International Journal of Membrane Science and Technology 10, no. 3 (August 12, 2023): 1029–42. http://dx.doi.org/10.15379/ijmst.v10i3.1655.

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This study aims to address the issue of the use of modern technology as a mechanism that would protect child victims and witnesses of crime, by shedding light on the definitions associated with the study, the legal regulation of the use of these means with child victims and witnesses of crime, the legal scope of using these means, and talking about the procedures to be taken. The study followed the analytical approach to the legal provisions of the legislation under study. The study reached a set of results, including that electronic means are an effective means to remove the child victim or witness of crime from the atmosphere of the courtroom and reduce his tension by avoiding him confronting the offender, and to provide an appropriate environment that enables the victim or witness of crime to focus on questions and answer them in a comfortable environment. It enables him to provide better and clearer testimony, and the position of the Jordanian legislator came to explicitly stipulate the use of electronic means to protect child victims and witnesses of crime in investigation and criminal trial procedures, taking into account the guidelines adopted by the United Nations in the field of child witness and victim protection, as the legislator took into account When organizing the legal provisions for the use of electronic means, the Jordanian legal guarantees the validity of the investigation and criminal trial with children. Through the means of audio-visual communication, it became possible to direct interactive communication with sound and image without physical movement between children who are spatially separated from the court, and this is an achievement of the principle of presence, oral and public. It also concluded with a number of recommendations, including amending the legal provision that makes the use of electronic means to protect child victims and witnesses of crime permissible for the court to be obligatory in all investigation and criminal trial procedures as long as the legal guarantees for trials are observed, and to find a kind of continuous coordination and cooperation with the leading countries. To develop working methods in the courts, to achieve speedy justice, and to better serve children who are victims and witnesses of crime. Perhaps this study contributes to identifying the limits reached by the State of Jordan in terms of legislative and procedural interest in electronic means and its use to protect child victims and witnesses of crime.

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17

Hadi, Satrio, and Dina Sukardi. "ANALISIS YURIDIS KEKUATAN ALAT BUKTI KETERANGAN SAKSI ANAK DALAM TINDAK PIDANA PERSETUBUHAN (PENELITIAN PUTUSAN NOMOR: 17/PID.SUS.ANAK/2014/PN.TJK)." Keadilan : Jurnal Fakultas Hukum Universitas Tulang Bawang 19, no. 1 (February 22, 2021): 40–56. http://dx.doi.org/10.37090/keadilan.v19i1.320.

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The focus of research is on the strength of evidence for child witness testimony in criminal acts of sexual intercourse and the basis for judges' consideration in using child witness evidence in Decision Number: 17 / Pid.Sus.Anak / 2014 / PN.TJK. The objectives to be achieved are to analyze the strength of the evidence for child witnesses in the criminal act of sexual intercourse and to analyze the basis for judges' consideration in using evidence for child witnesses in Decision Number: 17 / Pid.Sus.Anak / 2014 / PN.TJK. The research method uses a normative and empirical approach. Based on the results of the research, it is known that the strength of evidence of child witness testimony in the crime of sexual intercourse in accordance with Decision Number: 17 / Pid.Sus.A child / 2014 / PN.TJK only acts as a guide or additional valid evidence and information that can strengthen the judge's conviction. to further prove the guilt of the accused, and can be used to prove the indictment of the Public Prosecutor. The victim witness was not sworn in because he was not yet 15 (fifteen) years old.

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18

Mooi, Tan Geok, and Noor Aziah Mohd Awal. "Interviewing Child Witnesses of Child Sexual Abuse Cases." International Journal of Asian Social Science 8, no. 7 (2018): 354–66. http://dx.doi.org/10.18488/journal.1.2018.87.354.366.

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19

Amye R., Warren. "Child victims, child witnesses: Understanding and improving testimony." Journal of Applied Developmental Psychology 15, no. 3 (July 1994): 501–7. http://dx.doi.org/10.1016/0193-3973(94)90044-2.

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20

Dogra, Nisha. "CHILD VICTIMS, CHILD WITNESSES: UNDERSTANDING AND IMPROVING TESTIMONY." Criminal Behaviour and Mental Health 5, no. 1 (March 1995): 54–55. http://dx.doi.org/10.1002/cbm.1995.5.1.54.

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21

Wheatcroft, Jacqueline M. "Witness assistance and familiarisation in England and Wales." International Journal of Evidence & Proof 21, no. 1-2 (December 29, 2016): 158–68. http://dx.doi.org/10.1177/1365712716674801.

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Since the 1700s, lawyers have controlled interactions with witnesses in court. In England and Wales, witness familiarisation, endorsed in R v Momodou [2005], 1 aimed to demystify the process and through practical guidance assist witnesses to give their best evidence in legal proceedings, with the result that they are less likely to be confused, misled or unduly influenced by the process of cross-examination. This paper outlines empirical research which indicates that familiarisation can be helpful; though it argues that justice systems should develop best practices for the elicitation of accurate evidence and not leave it to witnesses to combat the system’s shortcomings. Given that this is particularly acute for vulnerable witnesses (and familiarising witnesses to cross-examination is in its infancy), the paper draws attention to R v Lubemba [2014], 2 which suggests that there is no right to put a case to a witness in child cases. The article also discusses witness approaches in the context of the right to challenge concept.

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22

Le, Thi Nga. "Rights of Child Victims and Child Witnesses in Criminal Justice in Viet Nam." Asia-Pacific Journal on Human Rights and the Law 17, no. 1 (June 15, 2016): 88–101. http://dx.doi.org/10.1163/15718158-01701007.

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Over the last few years, Viet Nam’s economy has developed quickly and changed social values through global integration. The numbers of children who have been victims and witnesses of crime have increased. From the most common points of entry into a criminal case, there should be a set of regulations governing the rights of child victims and child witnesses in all stages of the criminal process and the child welfare system. The article argues that the rights of children as victims and witnesses in criminal cases in Viet Nam still lack the necessary safeguards and are not compatible with international law. Although the criminal justice system of Viet Nam has been improved to protect children’s rights, there are still many challenges to ensure and protect the rights of children when they participate in the criminal justice system as victims and witnesses. To narrow the gap between the international standards and the national legal system in juvenile criminal justice in Viet Nam, this article examines the problems in criminal justice to protect child victims and child witnesses in Viet Nam. The research is based on international standards of juvenile criminal justice and uses comparative and quantitative methods. It discusses how the national criminal justice system can be reformed to prevent child victims and witnesses from being abused.

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23

Flin, Rhona, Ray Bull, Julian Boon, and Anne Knox. "Child Witnesses in Scottish Criminal Trials." International Review of Victimology 2, no. 4 (September 1993): 309–29. http://dx.doi.org/10.1177/026975809300200403.

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This paper presents the results of the first British study to record systematically observations of children giving evidence in criminal trials. Psychologists watched a total of 89 children aged between 5–15 years being examined as prosecution witnesses in a wide range of riminal cases being heard in the District, Sheriff and High Courts of Glasgow, Scotland. Ratings were made of the child's demeanour and of the lawyers' questioning techniques. Most children were able to give their evidence reasonably well; nevertheless a third of them did appear tense and unhappy while in the witness box. The results are discussed in the context of recent attempts to reform the procedures for hearing and testing children's evidence in British criminal courts.

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Fambasayi, Rongedzayi, and René Koraan. "Intermediaries and the International Obligation to Protect Child Witnesses in South Africa." Potchefstroom Electronic Law Journal 21 (April 16, 2018): 1–30. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2971.

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This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.

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Nathanson, Rebecca, and Michelle D. Platt. "Attorneys' Perceptions of Child Witnesses with Mental Retardation." Journal of Psychiatry & Law 33, no. 1 (March 2005): 5–42. http://dx.doi.org/10.1177/009318530503300102.

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Children with mental retardation are more likely to be abused than the general population, yet are often denied access to the justice system. Research on children without mental retardation has revealed skepticism as to their reliability as witnesses in the court of law. Even more so, children with mental retardation face the issue of credibility because of their age and disability. This study assesses attorneys' perceptions of child witnesses with mental retardation. Thirty-nine criminal attorneys completed a 33-item questionnaire designed to assess their opinions of the abilities of adults and of children with and without mental retardation to recall and communicate information in the forensic context. Results revealed that attorneys perceived child witnesses as less credible and more suggestible than adult witnesses. Moreover, analyses indicated that child witnesses with mental retardation were also perceived as less credible and more suggestible than child witnesses without mental retardation.

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26

Morgan, Jane, and John Williams. "Child witnesses and the legal process." Journal of Social Welfare and Family Law 14, no. 6 (November 1992): 484–96. http://dx.doi.org/10.1080/09649069208412377.

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27

Saywitz, Karen, and Lorinda Camparo. "Interviewing child witnesses: a developmental perspective." Child Abuse & Neglect 22, no. 8 (August 1998): 825–43. http://dx.doi.org/10.1016/s0145-2134(98)00054-4.

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28

Spencer, J. R. "CHILD WITNESSES AND THE EUROPEAN UNION." Cambridge Law Journal 64, no. 3 (November 2005): 569–72. http://dx.doi.org/10.1017/s0008197305376951.

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29

Bull, Ray, and Eleanor Corran. "Interviewing Child Witnesses: Past and Future." International Journal of Police Science & Management 4, no. 4 (October 2002): 315–22. http://dx.doi.org/10.1350/ijps.4.4.315.10872.

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Much of the improvement in child witness interviewing in England and Wales has been based on the findings of psychological research concerning memory and language. However, relatively little research has been conducted on the possible influence of interviewer style or manner. This article reviews the limited previous research on this topic and presents a new study. It seems that an authoritative interviewing style may increase children's errors to suggestive questions.

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Green, M. A., J. C. Clark, and C. M. Milroy. "Duty on child-abuse expert witnesses." Lancet 344, no. 8931 (October 1994): 1231. http://dx.doi.org/10.1016/s0140-6736(94)90546-0.

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31

Sagatun, Inger J. "Expert witnesses in child abuse cases." Behavioral Sciences & the Law 9, no. 2 (1991): 201–15. http://dx.doi.org/10.1002/bsl.2370090209.

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Erliyani, Rahmida. "Strength of provision and law protection of children's witnesses." International Journal of Research in Business and Social Science (2147- 4478) 9, no. 3 (April 30, 2020): 133–40. http://dx.doi.org/10.20525/ijrbs.v9i3.672.

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The purpose of this study is to explain the concept of a child witness according to the criminal evidence proving law, and how the protection for children as a witness, as well as how the strength of evidence of child testimony in the criminal justice system. This research is normative legal research that focuses on secondary data by describing the execution of religious courts in regulating child custody cases. The type of data used is the type of primary data and secondary data. Analysis of the data used is a qualitative way with the legislation approach, case approach, and analysis approach. The results showed that the concept of a child's Witness does not qualify as valid witness evidence. Children as Witnesses are entitled to receive legal protection as regulated in the Child Protection Act and the Criminal Justice System for Children and the Witness and Victim Protection Act. The strength of proof of a child's testimony only has value if it is connected with other evidence.

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Ai, Yueyue, and Rozmi Bin Ismail. "Psychological analysis of child witness testimony." Brazilian Journal of Development 10, no. 4 (April 22, 2024): e69094. http://dx.doi.org/10.34117/bjdv10n4-051.

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Purpose of the study: Because children's own perception, memory and expressive powers differ significantly from those of adults, resulting in a difference between child and adult witnesses, the debate on the competence of the child as a witness has shifted to a judgement on the reliability of the child's testimony in the context of the development of psycho-cognitive science. Methodology: The physiological and psychological characteristics of child witnesses determine their deficiencies in the encoding, storage and extraction of memory information, and therefore the reliability of child testimonies is a key and difficult issue. For this reason, this paper uses documentary analysis to further analyse child witness testimony as the focus of the study. Main Findings: A psychological analysis of the multiple factors that affect the reliability of children's testimony. Two conclusions are drawn: 1. Children are in principle competent to testify. The development of children's testimonial competence leads to the conclusion that even very young children can remember events that happened long ago, especially if they already have prior knowledge about them. 2. Practical guidance for improving the truthfulness of the content of child witness statements improves the reliability of child witness testimony. Children can be influenced in a variety of ways to recount detailed and complete accounts of events that did not occur, such that professionals are unable to distinguish between false and truthful accounts. Perhaps the next step is to improve "questioning techniques". Novelty of the study: Correct and reliable witness testimony is key to the investigation and trial process. The importance of child witness testimony has become increasingly apparent in recent years as the number of cases involving children has increased. This issue has previously only been the focus of jurists, and this study analyses it from a psychological perspective, laying the groundwork for subsequent research in law and psychology.

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Ramaswamy, Sheila, Meetali Devgun, Shekhar Seshadri, and Joske Bunders-Aelen. "“When an Elephant Has Its Foot on the Tail of a Mouse…” Trauma-Focused Court Preparation Interventions for Sexually Abused Child Witnesses." Journal of Indian Association for Child and Adolescent Mental Health 19, no. 3 (July 2023): 273–88. http://dx.doi.org/10.1177/09731342231221357.

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Background: This paper addresses the issue of court preparation in a lower middle-income country with recently enacted child sexual abuse (CSA) legislation and almost no precedence of standard child witness training packages or protocols. Aims & methods: Taking into consideration the potential impact of the adversarial system on children and the legal system’s concerns regarding the risk of contamination of evidence and based on assessment and analysis of children’s mental health concerns and consequent capacities for testimony, it describes a set of court preparation interventions designed for a group of vulnerable, sexually abused children from a childcare institution. Results: In recognition of the heightened challenges to their competency to testify in court, the paper highlights the importance of developmental and trauma-focused considerations, particularly in the context of children with adverse childhood experiences, and consequently the role of child mental health service providers in the practice of child forensic psychiatry in the context of CSA. Conclusions: It concludes by challenging established assumptions that tend to underlie court preparation programs for child witnesses and by making recommendations for additional considerations to be incorporated into child witness training in order to enhance child witness competency and child mental health and well-being and to augment victim-oriented procedural justice aspects for vulnerable witnesses in the adversarial justice system.

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Borthwick, Sarah. "Preparing Child Witnesses: Involving Parents and Carers." Adoption & Fostering 18, no. 4 (December 1994): 18–23. http://dx.doi.org/10.1177/030857599401800405.

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Children who are to be witnesses in criminal proceedings as a result of being victims of sexual abuse, need comprehensive and sensitive preparation in order to give valuable evidence and remain psychologically intact. Sarah Borthwick argues that parents and carers need more than information if they are to support their children as witnesses.

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Ramaswamy, Sheila, Meetali Devgun, Shekhar Seshadri, and Joske Bunders-Aelen. "“The Child Needs to Tell it to Me in Words”." International Journal of Children’s Rights 31, no. 2 (June 21, 2023): 403–43. http://dx.doi.org/10.1163/15718182-31020004.

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Abstract Much research on child witnesses in child sexual abuse trials is focused on children’s performance in legal proceedings. Witness competency, that is predicated on the adversarial justice system’s principle of orality, is core to child witness testimony, and is determined at the pre-trial stage. However, this article highlights the need to consider child witness competency as a dynamic concept, that varies in response to the ecologies of the trial processes as they unfold. Set in a low-middle-income country, this qualitative study describes and analyzes trial processes through a child-inclusive lens, identifying barriers and facilitators to child witness competency. The results were mixed, yielding three major conclusions for consideration: (i) the importance attributed to physical infrastructure, and the creation of vulnerable deposition rooms; (ii) the role of judicial discretion in issues of child witness competency and (iii) role of intermediaries, with regard to enhancing child witness competencies.

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37

Memon, Amina. "Book Review: Child Victims, Child Witnesses: Understanding and Improving Testimony." Criminal Justice Review 20, no. 1 (May 1995): 97–99. http://dx.doi.org/10.1177/073401689502000120.

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38

Henaghan, R. Mark, Nicola J. Taylor, and David C. Geddis. "Child sexual abuse: Child witnesses and the rules of evidence*." Commonwealth Law Bulletin 17, no. 1 (January 1991): 332–42. http://dx.doi.org/10.1080/03050718.1991.9986121.

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39

Goodman, Gail S., Jodi A. Quas, Josephone Bulkley, and Cheryl Shapiro. "Innovations for child witnesses: A national survey." Psychology, Public Policy, and Law 5, no. 2 (1999): 255–81. http://dx.doi.org/10.1037/1076-8971.5.2.255.

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Appelbaum, Paul S. "Protecting Child Witnesses in Sexual Abuse Cases." Psychiatric Services 40, no. 1 (January 1989): 13–14. http://dx.doi.org/10.1176/ps.40.1.13.

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Keenan, Caroline, and Catherine Williams. "Expert Witnesses in Child Sexual Abuse Cases." Medical Law International 1, no. 1 (March 1993): 57–71. http://dx.doi.org/10.1177/096853329300100105.

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This paper aims to look at the relationship between the courts and the witnesses, who, as experts in their particular discipline, give evidence to the court. It focuses particularly on civil cases relating to child sexual abuse. It asks what the court considers an expert to be and what is expected of an expert in court proceedings. It then goes on to look at the problems within that relationship and their possible solutions. “If matters arise in our law which concern other sciences or faculties, we commonly apply for the aid of that science or faculty which it concerns. This is a commendable thing in our law. For thereby it appears that we do not dismiss all other sciences but our own, but we approve of them and encourage them as things worthy of commendation”. 1

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Cederborg, Ann-Christin, Yael Orbach, Kathleen J. Sternberg, and Michael E. Lamb. "Investigative interviews of child witnesses in Sweden." Child Abuse & Neglect 24, no. 10 (October 2000): 1355–61. http://dx.doi.org/10.1016/s0145-2134(00)00183-6.

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Pozzulo, Joanna D., Julie L. Dempsey, and Kerry Wells. "Does Lineup Size Matter with Child Witnesses." Journal of Police and Criminal Psychology 25, no. 1 (October 17, 2009): 22–26. http://dx.doi.org/10.1007/s11896-009-9055-x.

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Adekunle, Adedeji. "Competence and Child Witnesses under Nigerian Law." Journal of African Law 37, no. 1 (1993): 60–68. http://dx.doi.org/10.1017/s0021855300011128.

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The aspects of child evidence addressed by this article relate first to the age of competence, that is, in what circumstances a court should apply the provisions of sections 154(1) and 182(1) of the Evidence Act to a witness; and secondly, what consequences attach to a wrongful application, or non-application, of these provisions in any proceedings before a court.

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Itzkowitz, Sheldon, Mary V. Sussillo, Anja Behm, Sheldon Itzkowitz, and Mary V. Sussillo. "Last Witnesses: Child Survivors of the Holocaust." Psychoanalytic Perspectives 4, no. 2 (March 2007): 1–50. http://dx.doi.org/10.1080/1551806x.2007.10472994.

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Ott, Barbara B., and Michelle A. McKay. "A 7-Year-Old Child Witnesses CPR." Journal of Emergency Nursing 37, no. 1 (January 2011): 100–101. http://dx.doi.org/10.1016/j.jen.2010.04.009.

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Baxter, James S. "The suggestibility of child witnesses: A review." Applied Cognitive Psychology 4, no. 5 (September 1990): 393–407. http://dx.doi.org/10.1002/acp.2350040505.

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Carr, Shaelyn M. A., Shanna Williams, Angela D. Evans, and Kaila C. Bruer. "Lawyers rapport building practices with child witnesses." Child Abuse & Neglect 154 (August 2024): 106937. http://dx.doi.org/10.1016/j.chiabu.2024.106937.

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Tohvelmann, Mari-Liis, and Kristjan Kask. "From Child to Adult Victims and Witnesses: Ways of Improving the Quality of Investigative Interviews." Juridica International 31 (October 25, 2022): 136–46. http://dx.doi.org/10.12697/ji.2022.31.10.

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Witness statements are important piece of evidence in criminal proceedings. Investigative interviews with witnesses are conducted in various stages of the investigative process, and the person conducting the investigative interview must take into account internal and external factors, that influence the quality of witnesses’ statements. The paper gives a systematic overview of the ways of improving the quality of investigative interviews of adult witnesses carried out by investigators, on the basis of a survey of the literature available from continental Europe but also Common Law countries (such as the UK, the US, and Australia). Even though detailed instructions and in-depth training programmes are available, today’s training consists largely of theoretical classroom lectures of a short-term nature that feature minimal practical tasks. Teaching methods of this type are effective in increasing knowledge but fail to transfer the knowledge into practice. Accordingly, the authors found that the training should be more practically oriented, have a longer duration, and incorporate personalised feedback in order to situate the knowledge in practice. In addition, several new computer-based approaches have been developed to help overcome the limitations identified. These provide a more personalised and flexible approach to learning, yet room still exists for further development. The paper concludes by addressing how work in the field of interviewing child and adult witnesses could develop in the future.

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Howard, Stephanie. "Defining Child Exposure to Domestic Violence: Lessons from a Historical Review of the Literature." Greenwich Social Work Review 2, no. 2 (December 18, 2021): 173–80. http://dx.doi.org/10.21100/gswr.v2i2.1257.

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Child witnesses of domestic violence policies and practices have been fraught with conceptual challenges that limit their implementation. Such limitations are evident in the case of Minnesota, which amended their definition of child neglect to include a child’s exposure to family violence, only to later repeal this amendment in response to pressure from child welfare administrators and domestic violence advocates (Edleson, Gassman-Pines, & Hill, 2006; Kantor & Little, 2003). The conceptual flaws are also evident in disparities across state statutes for definitions of child witnesses of domestic violence and the legal penalties it carries (Child Welfare Information Gateway, 2021). To enhance the integrity of child witnesses of domestic violence policies and practices, critical attention is needed to clarify and refine the central construct. Pursuant to this goal, this conceptual paper analyzes and synthesizes the history of child welfare. It demonstrates how child witnesses of domestic violence became a social and legal problem. The author traces the evolution of child welfare as a concept and provides new insights. The author also sheds light on the driving forces of child welfare policies and practices. The paper begins in the colonial ages, which gave roots to the contemporary child welfare system. The author describes the early development of child welfare leading to contemporary practice. The paper ends by making evidence-based recommendations for constructing child welfare policies that enhance the safety of children exposed to domestic violence using least restrictive interventions.

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Journal articles on the topic 'Child witnesses'

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