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Larsson, Anneli S. "Interviewing child witnesses /". Göteborg : Dept. of Psychology, Göteborg University, 2005. http://hdl.handle.net/2077/150.
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Schuman, John Philippe. "Questions for child witnesses". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0005/MQ42686.pdf.
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Hussey, Heather Joan Catriona. "Potential jurors' perceptions of child witnesses". University of Western Australia. Centre for Forensic Science, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0151.
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This thesis describes research about potential jurors' beliefs about children as witnesses. Jurors' knowledge of memory, suggestibility and child sexual abuse was collected and analysed. The aim was to identify strengths or weaknesses in jurors' knowledge to further inform discussion on whether experts should provide evidence to jurors about children's memory, suggestibility and behaviour, in cases which involve child witnesses. This research showed that jurors from both Australia and America had correct beliefs about some characteristics of child witnesses, however they also had incorrect beliefs. The main areas where both Australian and American jurors' beliefs were incorrect was in the suggestibility and interrogation category, and the memory and ability to testify category; however both had some incorrect beliefs with respect to reactions to sexual abuse and disclosure about sexual abuse categories. These findings support the proposition that expert evidence would be beneficial in improving jurors' knowledge of child witnesses, particularly in the areas of children's suggestibility and responses to interrogation. Jurors' assessment of children's testimony is fundamental in some criminal cases, and therefore information obtained in this study has implications for any case where a child witness testifies.
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Andrews, Samantha J. "Child witnesses in Scottish criminal courts". Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/268512.
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Gathering evidence from young and vulnerable witnesses requires special care, and subjecting them to the traditional adversarial form of examination and cross-examination – often characterized by overly leading, complex, and confusing questioning – has come under increased scrutiny. The present program of research was designed to investigate: 1) four features of lawyers’ questioning techniques (question type [Chapter 1], linguistic complexity [Chapter 2], question repetition [Chapter 3], and question content [Chapter 4]), 2) how these parameters affected children’s responses (including an in-depth analysis of children’s propensity to express uncertainty [Chapter 5]), and 3) whether the children’s ages affected the ways they were questioned or how they responded. The sample of court transcripts was drawn from 36 trials involving 56 children aged 5 to 17 years old who testified about alleged sexual abuse in Scotland between 2009 and 2014. Analyses showed that a large proportion of the questions posed to children by lawyers were suggestive questions that implied expected responses or introduced undisclosed information. Questions were overly complex linguistically, heavily repetitious, and focused to a large extent on peripheral elements of the allegations. In response, children acquiesced to suggestions most of the time and expressed uncertainty less than might be expected, given the nature of the questioning. Overall, both prosecutors and defense lawyers were insensitive to the capacities of children of different ages. The way children are questioned in court can have negative influences on the quality of the evidence obtained, regardless of the lawyers’ roles or the children’s ages. It is suggested that, in order for trials to be fair, evidence needs to be elicited in accordance with research-informed best-practice guidelines. More advanced training, the use of intermediaries, and the Barnahus model are discussed as potential ways to support the implementation of best-practice questioning strategies.
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Harms, Paul Davis. "Perceptions of child-witnesses in sexual abuse trials". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0006/NQ35175.pdf.
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Kask, Kristjan. "Trying to improve child and young adult witnesses' performance". Thesis, University of Leicester, 2008. http://hdl.handle.net/2381/31252.
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As the number of children who testify in court increases, so does the need to obtain accurate information.;The present PhD thesis aimed to examine possible ways of trying to improve child and young adult witnesses' testimony. The author was particularly interested in questioning methods with children, young adults' person descriptions, and face recognition and identification ability of both children and young adults (including the ability to recognize different race faces). Chapter 1 reviews the relevant literature.;Chapter 2 presents a meta-analysis of identification studies involving children. Chapter 3 examines Estonian investigators' questioning styles with child witnesses focusing on the length and type of details in children's answers to questions. Chapter 4 examines the effects of using a person in young adult witnesses' visual field as a comparison (or 'standard) to assist their recall of a previously seen, different person. Chapters 5 and 6 present the comparison of Estonian children's and young adults' face recognition ability of different race faces, as there appear to have been published no studies of the cross-racial effect in less 'westernised' societies, such as in Estonia. Also new sequential target presentation methods were used.;All results are discussed with reference to previous findings.
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Kot, Sarina (Sarina Ying-Lai). "Intensive Play Therapy with Child Witnesses of Domestic Violence". Thesis, University of North Texas, 1995. https://digital.library.unt.edu/ark:/67531/metadc277690/.
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This study was designed to determine the effectiveness of intensive play therapy as a method of intervention for child witnesses of domestic violence. The purpose of this study was to determine the effectiveness of intensive play therapy in: (a) improving the self-concept of child witnesses of domestic violence; (b) reducing internalizing behavior problems, such as withdrawal, somatic complaints, anxiety, and depression, of child witnesses of domestic violence; (c) reducing externalizing behavior problems, such as aggression and delinquency, of child witnesses of domestic violence; (d) reducing overall behavior problems, including internalizing and externalizing behavior problems, and social problems, thought problems, and attention problems, of child witnesses of domestic violence; and (e) improving play behaviors in the areas of affection, contact, physical proximity, self-direction, aggression, mood, play themes, and food nurturing themes.
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Schoeman, Ulrike Charlotte Wanda. "A Training program for intermediaries for the child witness in South African courts". Pretoria : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-11032006-175438.
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Müller, Karen 1964. "The child witness in the accusatorial system". Thesis, Rhodes University, 1998. http://hdl.handle.net/10962/d1007708.
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For the purpose of this study tbe child witness in the accusatorial system will be viewed as a source of information. When a witness gives evidence in court, the function of the witness is to provide the court with certain information. A number of crucial questions arise when the witness is a child. Do children bave the ability to remember and relate an event accurately? Are children prone to suggestion and fantasy? What effect, if any, does the court environment have on a child 's ability to convey information? What perceptions do children have about the legal process, and how do these perceptions affect their ability to testify? Do adults influence the information which children impart by the techniques they employ to obtain such information? Accepting the hypothesis that child witnesses are sources of information, the purpose of this study is to evaluate all aspects of the criminal justice system relating to child witnesses as well as available research on children to determine whether it is possible to obtain reliable and accurate information from children. Proposals will be formulated regarding the most successful methods of obtaining reliable and accurate information from children, and how these can be adapted for use by the legal system. The purpose of the study is to develop an approach to children in the legal system that will be fair to children while at the same time protecting the rights of the accused, and which will lead to a successful method of obtaining accurate information.
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Sattar, Ghazala Roohi. "The interviewing and preparation of child witnesses for legal purposes". Thesis, University of Portsmouth, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.323288.
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The thesis focused on three areas in the child eyewitness literature that have received limited research attention: (1) the use of props to facilitate children's recall; (2) the effect of individual differences (in particular ethnicity) on children's recall; and (3) the preparation of children for court. Three recently developed prop-based techniques designed to facilitate children's recall were evaluated. The felt board technique did not significantly increase children correct (and erroneous) free recall, thus supporting the previous limited research (Poole, 1992). The auditory feedback technique also did not significantly increase children's correct (and erroneous) additional recall, though descriptive analyses suggested this technique to be most beneficial for older children. The pictorial cue cards technique did not significantly increase children's correct (and erroneous) free recall. Descriptive analyses revealed that children who were instructed in how to use the cue cards provided more correct free recall and less erroneous free recall than children who practised using the cue cards before the interview. Children'S ethnicity and interviewer's ethnicity were not found to significantly effect children's recall but did have some effect on children's response to questioning. The findings of the interview studies suggested that greater attention needs to be given to the examination of how individual differences affect children's recall. Professionals who were surveyed about their views and experience of preparation of child witnesses for court were found to be aware of the systeminduced trauma suffered by child witnesses and thus the need to support them with preparation. Overall, professionals' experience suggested that child witnesses received preparation that was often insufficient and variable in quality. The survey findings highlighted the need for further research in this neglected area and for better training and greater resources for professionals tasked with supporting child witnesses.
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Stevenson, Kim. "Competency and credibility : the evidence of children in cases of child sexual abuse". Thesis, Nottingham Trent University, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.283033.
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Oliver, Judith. "Children as witnesses : age as a factor in determining children's competence in criminal courts following disclosures of sexual abuse /". [St Lucia, Qld.], 2000. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe16126.pdf.
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Sawyer, Caroline. "An Analysis of Collateral Witness Statements in Child Custody Evaluations". Xavier University Psychology / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=xupsy1596112105998087.
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Perez, Christina. "Narrative Abilities and Resistance to Suggestion in Monolingual and Bilingual Children: Implications for Forensic Interviews". University of Toledo / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=toledo1556563428655542.
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Motzkau, Johanna F. "Cross-examining suggestibility : memory, childhood, expertise". Thesis, Loughborough University, 2006. https://dspace.lboro.ac.uk/2134/16106.
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Initially a central topic for psychology, suggestibility has been forgotten, rediscovered, evaded definition, sabotaged experimentation and persistently triggers epistemological short-circuits when interconnecting psychological questions of memory, childhood and scientificity, with concrete legal issues of child witnesses' credibility, the disclosure of sexual abuse and psychological expertise in courts of law. The aim of this study is to trace suggestibility through history, theory, research and practice, and to explore its efficacy at the intersection of psychology and law, by examining and comparing the. concrete case of child witness practice in England and Germany. Taking a transdisciplinary approach the study draws on two interrelated sources of 'data' combining historical, theoretical and research literature with the analysis of empirical data. A genealogy if theory and research is combined with the results of reflexive interviews, conducted in England and Germany with practitioners from all those professions involved in creating, applying or dealing with knowledge about child witnesses and suggestibility: judges, prosecutors, lawyers, police officers, psychologists (researchers, experts) and social workers. Drawing on the work of G. Deleuze and 1. Stengers this study shows how practical tensions around reliable witnesses, evidence and expertise merge pragmatically with theoretical movements employed to adjust the discipline, thereby causing frictions and voids. In this sense suggestibility provides a liminal resource: It transgresses disciplinary boundaries and pervades pragmatic and theoretical, global and personal, historical and actual considerations, creating voids that allow us to reconsider the pragmatics of change and to redefine the issue of critical impact, as well as to reformulate the problem of child witness practice and children's suggestibility. The study hopes to make a concrete contribution to facilitating the just prosecution of sexual abuse by adding transparency to the complex and at times unhelpfully polarised field of child witness practice. By exploring the 'pragmatics of change' the study furthermore hopes to give an unsettling and productive impetus to theoretical debates within critical approaches to psychology.
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Blewer, Robyn. "Bringing Little Kiddies into Court: Child Witnesses in Australian Criminal Courts 1900-2000". Thesis, Griffith University, 2017. http://hdl.handle.net/10072/373032.
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In 1982 Lindy Chamberlain was found guilty of murdering her nine-week-old daughter, Azaria. In pleading her innocence, Lindy claimed a dingo had taken the baby from the tent in which she and her family were camping, near Uluru in the Northern Territory. Shortly after the baby had disappeared Lindy’s seven-year-old son Aiden told a woman who was helping search for Azaria that ‘the dog had got his baby in its tummy.’ Later that night another woman asked him if a dingo had taken the baby. He said that it had. 1 Lindy spent four years in prison for a murder she did not commit. In 2012, thirty years after Azaria died, the fourth coronial inquest into the matter found that a dingo had killed the baby girl. Aiden was never called to give evidence at his mother’s trial. We will never know what the outcome might have been if he had. But over the course of the twentieth-century countless other children did give evidence in various criminal courts throughout Australia. This thesis draws on cases involving two hundred and fifty-one child witnesses to examine the laws, policies and procedures that applied to those children. Child witnesses have been subjects of continuing research and law reform since the turn of the twenty-first-century. Despite contemporary concerns about child witnesses, the historical antecedents to current law, policy and practice have not been the focus of detailed study. Drawing on multiple data from reported and unreported cases, newspaper reports, depositions and other archival material, psychological studies, legal treatises and texts, this thesis traces the journey child witnesses took through the criminal justice system. In the process it examines issues such as how a child’s capacity for truthfulness was assessed; what the procedure was when they appeared in court; how lawyers, barristers and defendants examined and cross-examined them; and how judges received the testimony of children and advised juries as to how such evidence should be assessed. Contemporary research confirms the experience of giving evidence in an adversarial trial can be difficult and may cause secondary trauma to potentially vulnerable children. Since the end of the twentieth-century a substantial portion of the law reforms introduced have been directed towards supporting child witnesses. There is a widespread assumption that historical legal processes did not support children in giving evidence. This thesis, however, finds strong evidence throughout the century of considerable concern and sympathy being shown towards child witnesses. Within their historical confines judges, lawyers and jurors often sought to improve the circumstances in which children appeared in court. Beyond demonstrations of support the research also finds that the legal principles and procedures relevant to receiving child witness testimony made it very difficult for them to be thought of as credible witnesses. For most of the twentieth-century the law viewed children as an inherently unreliable class of witness. As each chapter in this thesis demonstrates, however, from the start of the century there is evidence of opposition to the applicable legal principles and procedures that were prejudicial to child witnesses. Among the most vocal here were judges and notably, women’s groups like the Federation of Women Voters and the Country Women’s Association who, as early as the 1920s and 1930s were calling for reforms to existing practices. For most in the legal profession and outside it, ‘changes in law’ as Roscoe Pound had observed in 1910, ‘were full of danger.’ There was widespread agreement until the last quarter of the twentieth-century that the risks of reforming these procedures were too great. Starting in the 1970s attitudes towards law reform shifted and considerable reforms were implemented. The process of giving evidence at the start of the century was virtually unrecognisable to that at the end of it. This thesis finds that there were numerous factors driving these reforms including the second wave of feminism, technological changes, the victims’ rights movement, the changing political climate and an expanding body of psychological research. The caution the law displayed for the preceding seventy-five years, however, had a considerable impact on the well being of generations of child victims of crime and on the legitimacy of common law criminal justice systems.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Hum, Lang & Soc Sc
Arts, Education and Law
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Ebberline, Jessica. "Child molesters and children as witnesses : spatial behaviour, modus operandi and memory recall". Doctoral thesis, Department of psychology, Lund University, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-5181.
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Offenders who target children are a negative phenomenon in our society. These offenders are often seen as the worst of the worst of criminals and are therefore a priority for investigators trying to solve these crimes as fast as possible. The purpose of this thesis is to see if there are common denominators among these offenders in their modus operandi (MO) and their spatial patterns. If similar patterns emerge amongst these offenders, that would be of investigative importance for those who work with crimes against children. In Study I, a group of child molesters and their MO were studied in order to see how they found their victims and where they committed their crimes. The results were consistent with previous studies on child molesters in that they all committed their crimes at home or close to their homes. In Study II, a geographical profiling tool was tested in order to see if such a program could be used to find an offender who made obscene phone calls (OPC) to children. The results showed that the geographical software based on spatial behaviour, was able to narrow down the search area in which the offender actually lived when he committed his crimes. In Study III, the focus was on the potential witnesses/victims and how much a child could remember correctly of a staged event simulating a potential child molester looking for new victims. The results showed that the children’s event memory were comparable with an adult control group. The combined results could be summarized as follows: offenders who target children usually commit their crimes at home or close to home (or base), they tend to lure children to go with them by using bribes or the recruitment of former victims. Girls seem to be the preferred sex over boys. Children could be used as accurate witnesses in these types of crimes.
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Cooper, Debbie. "Special measures for child witnesses : a socio-legal study of criminal procedure reform". Thesis, University of Nottingham, 2010. http://eprints.nottingham.ac.uk/11319/.
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This thesis is a socio-legal study of police and prosecutorial decision-making in the context of special measures support for child witnesses in criminal proceedings. It presents the findings of an empirical research project conducted with the Crown Prosecution Service which examined the implementation of Part II of the Youth Justice and Criminal Evidence Act 1999. Under that Act children may be assisted to testify in criminal proceedings though any feasible combination of: video-recorded evidence; live television link; screens; communication aids; intermediaries; and giving evidence in private. Using a small-scale, primarily qualitative, study involving semi-structured interviews with Crown Prosecutors, this thesis investigates how the attitudes, beliefs, motivations and work practices of the police and prosecutors affect the provision of special measures to children. It does so in the context of a highly directive legal framework which purports to curtail prosecutorial and judicial discretion. The thesis explores the problems that child witnesses encounter within the criminal justice system and the legislative and policy response to their difficulties. It then presents the findings of the current research study in relation to, first, the video-interviewing patterns of police officers and, second, the rate of prosecutors’ applications for special measures. In addition to the statistical data, the thesis explores prosecutors’ own reflective accounts of the factors which shape police and prosecutors’ decision-making. The thesis concludes that where the rules on special measures are highly prescriptive, we have witnessed a radical expansion in their use for children, but that the rigid system has drawbacks which raise pressure for reform. Reform proposals must be carefully considered in the light of infrastructural weaknesses in inter-agency liaison and information-management identified in this thesis. We might also be wary that reform will undermine the criminal justice system’s recently consolidated cultural acceptance of special measures for child witnesses.
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Bransgrove, Jennifer. "The influence of expert testimony on potential jurors' perceptions of young children's testimonial credibility /". [St. Lucia, Qld.], 2003. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe17042.pdf.
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Huneycutt, Dominique. "Young eyewitnesses : an examination of young children's response accuracy to target present and target absent lineup arrays following training procedures /". Philadelphia, Pa. : Drexel University, 2004. http://dspace.library.drexel.edu/handle/1860/311.
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Luyt, Linda Jean. "Levels of deprivation in supporting child witnesses in sexual abuse cases : a case study". Master's thesis, University of Cape Town, 2003. http://hdl.handle.net/11427/11647.
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Bibliography: leaves 86-94.Dealing with children who have been sexually abused can cause vicarious traumatisation in those who work with them. This qualitative research used a case study approach to investigate difficulties facing the supporters who work with the child witnesses in the Child Witness Project, which is a project using an empowerment approach to prepare children for court and support them throughout the court processes.
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Foot, Michael T. "Attorney and Judicial Perceptions of the Credibility of Expert Witnesses in Child Custody Cases". VCU Scholars Compass, 1995. http://scholarscompass.vcu.edu/etd/4568.
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Attorney and judicial attitudes towards expert witnesses in child custody cases were investigated by a cross-sectional research design. Subjects consisted of a sample of 381 of all attorneys and judges in the Commonwealth of Virginia who wished to be certified as guardians ad litem. Subjects were asked to fill out a six page questionnaire immediately prior to a daylong certification training session. The sample was primarily white (85.2%) and male (57.7%). Information was gathered on the subjects' demographic characteristics, experience with and attitudes toward expert witnesses in custody cases, opinions on traditional court and family structures, and knowledge of developmental and parenting psychology. Factor analyses and examination of the reliability of the instruments allows the development of more reliable and valid measures for model testing. Results generally confirmed Banks & Poythress' (1982) tripartite theory of credibility as being composed of perceived expertise, trustworthiness, and dynamism. Characteristics of attorneys and judges were also shown to be an important contributor to their perceptions of expert witnesses in child custody cases. Specifically, those courtroom professionals who had greater training, knowledge, and experience relevant to custody cases tended to view specific expert witnesses more positively. Those attorneys and judges with more traditional court attitudes rated expert witnesses in general as less helpful. However, these traditional attitudes did not cause them to devalue expert witness testimony in specific cases. This study is part of a larger program of study which will attempt to determine the extent to which the quality of expert witness testimony affects perceptions of their credibility, and how perceptions of expert witness credibility relate to judicial decisionmaking in child custody cases.
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Eastwood, Christine J. "Surviving child sexual abuse and the criminal justice system". Thesis, Queensland University of Technology, 1998. https://eprints.qut.edu.au/36578/1/36578_Digitised%20Thesis.pdf.
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This thesis examines the experiences of twelve young women involved in the prosecution of childhood sexual abuse. On the substantive level, the significant criminal justice processes as well as the consequences of their involvement in the justice system are discussed. In order to accurately reflect the depth and power of the stories of the young women, the methodology involves a six-stage interview process with each participant, and also incorporates data gathered from parents, fresh complaint witnesses, court support workers and legal personnel.
On the theoretical level, the study focuses on the manner in which the justice process intersects with the interconnected identities of female, child and person who has been sexually assaulted. Basically, this thesis argues that the criminal justice system is not only unable to deal with the psychological and developmental needs of the female child who has been sexually abused, but indeed, the process itself further abuses the child.
In an area fraught with ethical and legal difficulties, the ground-breaking nature of this research emanates from the experiences of the young women as told from their own perspectives. This thesis is further reinforced by the strong theoretical analysis and framework which encourages new ways of conceptualising their experiences. The thesis concludes with some recommendations which may improve the future treatment of child complainants of sexual abuse in the justice system, and also identifies suggestions for further research.
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Erasmus, Ronell. "An evaluation of the questions posed to child witnesses in court to determine whether they are developmentally appropriate". Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/747.
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Children are often required to testify viva voce in criminal trials. The question arises whether children understand what is communicated to them during their testimony in court. In the courtroom, the witness serves as a source of information. In child abuse cases in particular, the meaningful participation of the child in court proceedings is crucial due to the fact that the child is often the key witness, or the only witness, for the prosecution. The proper evaluation of the child’s evidence, however, requires that all role-players involved in the judicial process have a sound knowledge of those aspects which deal with child psychology, especially the cognitive and language abilities of children who testify. The procedure that is followed in court is not understood by the ordinary lay person, even less by children, and the language used is formalistic and very specialized. Legal language in general often contains cognitively and linguistically inappropriate questions which prevent children from relating their stories. Furthermore their responses do not sufficiently reflect their knowledge and experience of the incident of alleged sexual assault. Court language creates serious problems for children and accordingly prevents them from being effective witnesses and taking part in the judicial process in a meaningful way. The researcher, in her capacity as a Regional Court Magistrate, realized that children have limited understanding of the criminal trial process and often become secondary victims as a result of a system that does not acknowledge their cognitive and linguistic developmental levels. The purpose of this research was therefore to test the validity of the following hypotheses: • During the examination of children in a criminal trial developmentally and linguistically inappropriate questions are posed to them; and This results in ineffective communication. Eight court transcripts of criminal cases heard in the regional courts of the Eastern Cape and Mpumalanga by different presiding officers were chosen at random. These transcripts were analyzed and evaluated in order to determine whether questions posed to children when they testify are cognitively and linguistically appropriate. Each question in each of the eight transcripts was numbered and analyzed. The findings of the analysis were categorized in terms of whether they were cognitively and linguistically inappropriate questions. It was clear that the majority of questions put to the child witnesses were cognitively and linguistically inappropriate. It is evident from the evaluation that the manner in which the children’s evidence in court was presented and the way in which they were questioned created a communication barrier which placed a distorted version of events before the court. It is therefore recommended that full account be taken of the cognitive and language capabilities of each particular child in order to elicit reliable information during the child’s testimony. It is of the utmost importance that questioning be conducted in such a fashion so as to ensure that the child witness understands not only the content of the questions, but also what answers or responses are expected from them. At present, acknowledgement of linguistic and cognitive developmental appropriateness, concern and comprehension for the psychology of the child witness are ignored at best, and totally exploited at worst. This lack of knowledge about child development impacts adversely upon the child’s credibility in court. To elevate and enhance the credibility of children, it is of the utmost importance for society in general and court role-players in particular to appreciate the various stages and faces of child development. The main recommendation is that court role-players should make a paradigm shift and children, including victims of sexual assault, should be given the opportunity to tell their own stories in their own language supported by other methods of communication. In evaluating any possible changes, it is necessary to adopt and develop a holistic and multi-disciplinary approach based on scientific principles. A specialized system is required to deal with children in the criminal justice system and innovative methods to achieve this are necessary. There is a strong need to change or adjust the present manner in which the criminal justice system accommodates child witnesses. Such a change or adjustment will be in the best interests of children as envisaged in section 28 of the Constitution of the Republic of South Africa Act.
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O'Neill, Sarah Christine, i n/a. "Factors influencing children�s responses to cross-examination questioning". University of Otago. Department of Psychology, 2009. http://adt.otago.ac.nz./public/adt-NZDU20090428.150450.
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Under an adversarial legal system, witnesses� testimony may be challenged by the opposing lawyer during cross-examination. Cross-examination has been shown to negatively affect the accuracy of children�s event reports, but as yet, the mechanisms driving this effect are unknown.
Experiment 1 aimed to tease apart the roles of question type and repeated interviewing in mediating children�s cross-examination performance. Five- and 6-year-olds (N = 82) and 9- and 10-year-olds (N = 103) took part in a staged event, and 1 to 2 days later they took part in a direct examination interview. Next, either 1 to 3 days or 6 months later, all children were interviewed for a second time. For half of the children, this second interview was a repeat of their direct examination interview. The remaining children were interviewed in a cross-examination format. A second interview reduced response accuracy after both short and long delays, however, cross-examination questioning impaired the accuracy of children�s reports the most.
Although, overall, children have considerable difficulty answering cross-examination questions correctly, variation in their performance has been observed. Experiment 2 assessed whether individual differences in cognitive abilities mediate cross-examination performance. Five- and 6-year-olds (N = 116) and 9- and 10-year-olds (N = 58) visited the police station and subsequently reported their experiences in direct examination and cross-examination interviews. Children�s memory, receptive language ability, expressive language ability, and intelligence were also measured. Age, intelligence, and memory predicted aspects of cross-examination performance. Overall, these cognitive factors accounted for between 16.6% and 19.5% of the variance in cross-examination outcome measures.
Given the negative effect of cross-examination on children�s responding, and our inability to identify the children who are most at risk of poor performance during this interview, Experiment 3 assessed our ability to facilitate children�s responding to cross-examination questioning. Specifically, the effect of manipulating the timing of a pre-trial intervention, which gives children practice and feedback at cross-examination questioning, was investigated. Five- and 6-year-olds (N = 88) and 9- and 10-year-olds (N = 108) visited the police station. One to 3 days later they completed the direct examination interview and 6 months after the event, children were cross-examined. The timing of the preparation intervention was varied (1-day, 1-week, 1-month before cross-examination), and the children�s subsequent cross-examination performance was compared to that of children in the control group. When the preparation intervention was delivered 1 day or 1 week before the cross-examination interview, children�s cross-examination performance was significantly improved.
The findings from the three experiments suggest that cross-examination is likely to pose considerable problems for children, especially younger children. Our greater understanding of factors that influence children�s responding to cross-examination questioning may guide reform of the cross-examination process for child witnesses. Bottom-up initiatives, such as pre-trial preparation, and top-down changes, including educating professionals, expert testimony, and reducing the delay to cross-examination, may improve the reliability of child witnesses� testimony during cross-examination.
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Andres-Lemay, V. Joy. "The effect of interviewer bias and number of interviewers on interviewing style and accuracy of children's eyewitness accounts". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ59118.pdf.
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McKinney, Tammy (Tammy Carol) Carleton University Dissertation Law. "The marginalization of children as witnesses; an exploration of the roles of myth and legal positivism". Ottawa, 1996.
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Seshibe, Maropene Viniel. "The best interests of the child witness in disciplinary cases of educators". Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021058.
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The South African Constitution provides that a child’s best interests are of paramount importance in every matter concerning the child. This principle emanates from the United Nations Declaration on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). Accordingly the State and its various departments have adopted and are enforcing legislation and policies in defence of the child’s best interest. The principle of the best interest of the child is seldom observed in most of our schools. Incidents of child abuse are on the increase, especially by educators. This unfortunate situation prevails against the backdrop of legislation which condemns these atrocities. Section 17 of the Employment of Educators Act1 provides that educators must be discharged if they are found guilty of, inter alia, sexual abuse, intimate relationship with a learner and assault with grievous bodily harm. These measures have been taken to combat the vicious cycle of child abuse in schools and to advance children’s-rights agenda and the universal principle of the child’s best interests. For the department to successfully prosecute educator cases against child abuse, the testimony of a child witness is crucial. However, it is shocking to discover that the interests of the child witness are not always served in these disciplinary hearings. Officials are prone to be biased towards their fellow professionals at the expense of the interest of the child witness. This situation normally arises probably as a result of a lack of professional capacity because most of these officials tasked with disciplining educators have a teaching, human-resource or legal qualification. Others may have been recruited from the ranks of the trade-union movement without any formal qualification. Secondly, they may be specialists in the field of labour law which is essentially concerned with the regulating the employer and employee relationship. Thirdly, the disciplinary code and procedures that are used during educator-disciplinary processes are premised on the principles and values of the Labour 1 Act 76 of 1998. Relations Act Code of Good Practice: Dismissal2 and Schedule 2 of the Employment of Educators Act3 which addresses the interest of the child witness to a very limited extend. Finally, the policies regulating workplace discipline are generally biased towards employee rights as espoused in the Labour Relations Act4 and CCMA guidelines on misconduct arbitrations. This study has identified a number of challenges confronting the child witness and also areas of capacity improvement on the side of officials officiating over the disciplinary cases of educators. These challenges form the basis for a comprehensive and consolidated list of aspects in which officials need to be trained to effectively promote and defend the interest of the child witness in a professional manner. The role of the departmental representative in becoming the champions of the democratic Constitution and the vanguard of the child’s best interest cannot be over-emphasised. The question of how best to serve the best interest of the child witness has been addressed. The child witness can be a credible witness provided officials win over his or her confidence to speak out against abuse. The 16 days of activism against women and children abuse has to resonate consciously with departmental officials.
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Gabora, Natalie (Natalie Jane) Carleton University Dissertation Psychology. "The effects of complainant age and expert testimony in a simulated child sexual abuse trial". Ottawa, 1990.
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Lenhardt, Thomas T. "An investigation of weapon focus : the influence of schema roles on children's and adults' eyewitness memory". Virtual Press, 2005. http://liblink.bsu.edu/uhtbin/catkey/1313637.
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Previous research on the weapon focus effect indicates that schematic knowledge plays a large role in adult witnesses' ability to recall details of a crime. This study investigated whether the weapon focus effect would be found in young children (4- and 5- year-olds), whose schemas are less developed than those of adults. An experiment was conducted in which adults and children viewed a videotape depicting a male target stealing money from a woman's purse. In the four conditions, the target's apparent occupation and the objects that he held were manipulated, so that only one condition depicted a schema inconsistency between his occupation and the object. After watching the videotape, the participants were interviewed for details regarding the target's physical appearance and the object. As predicted, the schema inconsistency resulted in decreased recall accuracy for both children and adults. These results suggest that the weapon focus effect can be generalized to young children and that their eyewitness accounts are similar to those of adults. Additionally, adults recalled a significantly greater number of details than did the children, which was also predicted. It was interesting and unexpected to find that overall. adults recalled significantly more accurate descriptions than the children. This finding was contradictory to the results of some previous studies on eyewitness memory.Department of Psychological Science
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Jameson, Molly M. "The effect of a weapon on children's and adult's eyewitness memory". Virtual Press, 2005. http://liblink.bsu.edu/uhtbin/catkey/1318617.
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The effect of a weapon on memory accuracy for children and adults was examined. One-hundred eighty-six participants (87 7- and 8-year-old children and 99 college undergraduates) viewed one of four videotaped scenes in which a target individual committed a crime while carrying either a weapon that was consistent or inconsistent with his schema role or a neutral non-weapon that was consistent with his role. Participants were individually interviewed about the target's physical appearance. The results indicated that participants of both age groups were less accurate when the target individual carried a weapon that was inconsistent rather than consistent with his schema role. The results also indicated that adults were more accurate overall than children. These findings are consistent with previous findings on weapon focus effect and add to our knowledge of the development of memory.Department of Psychological Science
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Lougklou, Fani. "Attachment and memory does attachment experience influence eyewitness testimony? /". Huntington, WV : [Marshall University Libraries], 2002. http://www.marshall.edu/etd/descript.asp?ref=123.
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Collins, Kimberly. "Rapport building in child investigative interviews". Thesis, University of Stirling, 2012. http://hdl.handle.net/1893/9303.
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The rapport building phase of child investigative interviewing is referred to in practice guidelines as an essential. Nevertheless, in contrast with other aspects of the interview it has been subject to little empirical examination. There is a lack of information on the rapport phase’s impact on children’s communication and whether this changes across a variety of different circumstances. Finally, few researchers have empirically assessed different styles of rapport building. This thesis investigates the communicative influence of the rapport building phase in child investigative interviews. It also examines the effectiveness of a new collaborative play approach to rapport building with respect to its influence on children’s communication and the rapport levels between the interviewer and child. The investigation began by interviewing practitioners about their perceptions and experiences of rapport building practice, and their opinions on the use of play during the rapport phase. A grounded theory approach to analysis found that interviewers perceive the rapport phase as a tool for facilitating communication with children during the investigative interview. This is achieved in three main ways: (1) assessing the child during the rapport phase, (2) adjusting interview approach based on the child’s presentation during the rapport phase, and (3) producing a psychological outcome in the child that then facilitates communication. The resultant theory and the comments made about play rapport were used in subsequent experimental chapters to design and implement play rapport, and to interpret the empirical findings. The second line of enquiry investigated the communicative impact of a collaborative play approach to rapport building in adult-child interactions. Children across three different age groups (6-7, 8-10 & 12-14 year olds) were more communicative and demonstrated greater rapport with an adult after play rapport than children in a control condition. The findings indicate that a collaborative play format of rapport building is an effective communication facilitator. The third empirical study tested play rapport’s efficacy in a mock investigative interview situation. It was compared with the current open style of rapport building used by practitioners in the UK, and a control condition that involved no rapport phase. Older children (8-10 year olds) who experienced play rapport demonstrated information benefits in comparison with children in the control condition. No differences were found between the open style and the control, and the open style and play rapport for information detail or accuracy. Children (5-7 and 8-10 year olds) were however, more resistance to interviewer suggestion after engaging in a play rapport phase in comparison with children who experienced the open style of rapport building. These results indicate the potential of play rapport as a communication facilitator for children in investigative interview settings. The final empirical chapter examined anxiety data taken from the children during the third study. This was to address the hypothesis that improvements in recall as a result of the rapport phase, and in particular play rapport, were due to a reduction in the children’s anxiety levels. The data showed no differences across the rapport protocols in terms of anxiety for any of the measures. The information benefits found could therefore not be explained with respect to a reduction in anxiety. Alternative theories were then proposed, and future research outlined that could further investigate the psychological underpinnings of the communicative effects of the rapport phase, and the collaborative play rapport approach.
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Moller, Ilanie. "Die impak van 'n onverwagse insident op die betroubare en konsekwente getuienislewering van die voorskoolse kind". Pretoria : [s.n.], 2004. http://upetd.up.ac.za/thesis/available/etd-02232005-151634.
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Righarts, Saskia Anne, i n/a. "Reducing the negative effect of cross-examination questioning on the accuracy of children�s reports". University of Otago. Department of Psychology, 2008. http://adt.otago.ac.nz./public/adt-NZDU20080827.093855.
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A growing body of research suggests that cross-examination may be detrimental to the accuracy of children�s event reports. The primary goal of the present research was to investigate three specific ways in which the negative effect of cross-examination could be reduced.
Experiment 1 examined the effect of reducing the delay between the collection of the primary evidence and cross-examination. Five- and 6-year-old children (N = 76) took part in a staged event and were interviewed 1 to 2 days later. In this interview, children were asked to recall everything they could remember about the event. Children were then asked specific yes/no questions. Next, either 1 to 3 days or 8 months later, all children were interviewed for a second time in a cross-examination format. The 8-month delay was equivalent to the average delay experienced by children in New Zealand courts (Lash, 1995). The aim of the cross-examination interview was to talk the children out of their original responses, irrespective of the accuracy of their original account. Cross-examination questioning had a significant negative effect on the accuracy of children�s reports, regardless of timing. That is, children cross-examined soon after the memory event performed no better than those who were cross-examined after an 8-month delay. Furthermore, one week after cross-examination, children were interviewed again. The purpose of this interview was to establish whether children actually believed the responses they had given during cross-examination. During this interview, many children reversed what they had said during cross-examination, indicating that the responses they had given during cross-examination were due primarily to compliance to authority.
Given the finding that compliance to authority played a significant role in children�s cross-examination performance in Experiment 1, Experiment 2 addressed whether a pre-interview intervention aimed to decrease compliance would reduce the negative impact of cross-examination. Five- and 6-year-old children (n = 59) and 9- and 10-year-old children (n = 62) participated in the same staged event and were interviewed for their primary evidence as in Experiment 1. Prior to the cross-examination interview, however, some children were warned that the interviewer might ask some questions which were tricky and that it was okay to tell her that she was wrong. Warning children prior to the cross-examination interview did not reduce the negative impact of cross-examination for either age group, even when the warning was delivered by the cross-examining interviewer.
Experiment 3 addressed whether a more intensive pre-interview intervention could reduce the negative impact of cross-examination. Using the same experimental procedures as Experiment 2, half of the 5- and 6-year-old children (n = 77) and 9- and 10-year-old children (n = 87) received a practice and feedback session with cross-examination type questions prior to the target interview. While cross-examination still resulted in a decrease in children�s accuracy, children in the preparation condition performed significantly better than the control children.
Taken together, these findings demonstrate that the negative effect of cross-examination is highly robust and that compliance appears to be the underlying mechanism responsible for this. A practice and feedback session targeting the factors that contribute to compliance reduced, but did not eliminate, the negative effect of this questioning style. Therefore, children�s accuracy may be facilitated to some extent by cross-examination preparation prior to testifying.
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Rohrabaugh, Monica L. "Children’s Memory for a Dyadic Conversation after a One-Week or a Three-Week Delay". University of Toledo / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=toledo1417700346.
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Tyndall-Lind, Ashley. "A Comparative Analysis of Intensive Individual Play Therapy and Intensive Sibling Group Play Therapy with Child Witnesses of Domestic Violence". Thesis, University of North Texas, 1999. https://digital.library.unt.edu/ark:/67531/metadc278610/.
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This study was designed to determine the effectiveness of intensive sibling group play therapy in: (a) improving the self-concept of child witnesses of domestic violence; (b) reducing internalizing behavior problems, such as withdrawal, somatic complaints, anxiety and depression, of child witnesses of domestic violence; (c) reducing externalizing behavior problems, such as aggression and delinquency, of child witnesses of domestic violence; and (d) reducing overall behavior problems of child witnesses of domestic violence. A second objective of this study was to compare the effectiveness of intensive sibling group play therapy and intensive individual play therapy on the above identified dimensions.
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Purchon, Rebecca. "Suggestibility in children: A review: Suggestibility differences between children with and without mild intellectual impairment". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2000. https://ro.ecu.edu.au/theses/1348.
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Literature review: The following review outlines the broad area of children and suggestibility with a focus on children with intellectual disabilities. Key determinants of suggestibility including cognitive, social and stress factors underpinning the phenomenon are examined. Secondly, methodological issues such as poor ecological validity and generaliseability to the child-victim context are discussed. Relevant studies in the field are examined in light of these methodological issues. The implications of generalising from ecologically invalid studies for legal and psychological professionals are discussed. Finally, future directions for research such as effects of different ages, differences in ethnicity and IQ differences on suggestibility are outlined. Research report: This study examined the influence of participation and suggestive questioning on 9-11 year-old children's reports based on a study by Rudy & Goodman (1991). Rudy and Goodman's design was used to replicate the study with a larger sample and examine the variable of intellectual impairment and suggestibility. Fifty-seven children (26 mildly intellectually impaired and 31 non-impaired children) were assigned either to a participant or observer role. The participant child interacted with an unfamiliar male assistant while the observer watched. One week later children were individually interviewed about the experience with the assistant using an interview schedule developed by Rudy and Goodman (1991). The interview schedule measured children's memory using the following question types: free recall; specific; misleading and correctly leading questions. Questions which had implications of abuse were also measured. Results were analysed using MANOV A's, ANOV A's and t-tests. Overall, participation was found to be unrelated to suggestibility. Children without intellectual impairments recalled more information and were more accurate on both specific and misleading questions than intellectually impaired children. However intellectually impaired children were found to be equally as resistant to suggestibility as non-impaired children when questions were specific and about the person involved or implicated abuse. The implications of intellectually impaired children's testimonies for psychological and legal contexts are discussed.
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Murray, Anne. "The emotional, behavioural and psychosocial functioning of child witnesses to domestic violence compared to a matched control group of community children /". Title page, contents and abstract only, 1993. http://web4.library.adelaide.edu.au/theses/09ARPS/09arpsm981.pdf.
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Johns, Alex. "A descriptive analysis of statements taken by police officers from child complainants in sexual offence cases that examines the degree to which the form and content of the statements accord with best practice across a range of variables". Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1002611.
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With over twenty thousand complaints reported annually to police of child sexual abuse in South Africa, specialist police nvestigators are practised at taking statements from child complainants. This thesis analyses the fit between actualpolice practice and that recommended by international best practice. Children are a special class of witness because of their inherent social, emotional, and cognitive immaturity, and they are universally acknowledged to be very difficult witnesses to interview without the interviewer lending a bias to the process and thereby contaminating the outcome. The first half of the thesis therefore provides a detailed account of the research basis of current international best practice and of the hallmarks of that best practice which result in reliable interview outcomes. The second half of the thesis presents a descriptive analysis of 100 police statements taken from children in the Eastern Cape who had been raped in the period between 2010 and 2012. The findings of the analysis are presented in detail and then compared to the best practice summarised from the international research.
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Sofield, Stephenie M. "The Impact of a Somatic Voice Intervention on Interoceptive Awareness, Regulation of Arousal, and Subjective Experience of Child Witnesses of Intimate Partner Violence". Ohio University / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1574883542639708.
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Smith, Nancy Renfer. "Comparative Analysis of Intensive Filial Therapy with Intensive Individual Play Therapy and Intensive Sibling Group Play Therapy with Child Witnesses of Domestic Violence". Thesis, University of North Texas, 2000. https://digital.library.unt.edu/ark:/67531/metadc2696/.
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The purpose of this study was to determine the effectiveness of Intensive Filial Therapy in: (a) improving the self-concept of child witnesses of domestic violence; (b) reducing internalizing behavior problems, such as withdrawal, somatic complaints, anxiety and depression, of child witnesses of domestic violence; (c) reducing externalizing behavior problems, such as aggression and delinquency, of child witnesses of domestic violence; (d) reducing overall behavior problems of child witnesses of domestic violence; and (e) increasing communication of empathy between mothers and child witnesses of domestic violence. A second objective of this study was to compare the effectiveness of Intensive Filial Therapy with Intensive Individual Play Therapy and Intensive Sibling Group Play Therapy with child witnesses of domestic violence. The experimental group consisted of 11 child witnesses of domestic violence whose mothers received 12 Intensive Filial Therapy training sessions within a three week period and had 12 mother-child play sessions. The Intensive Individual Play Therapy comparison group, consisting of 11 child witnesses, and the non-treatment control group, consisting of 11 child witnesses, were utilized from the Kot (1995) study. The Intensive Sibling Group Play Therapy comparison group was utilized from the Tyndall-Lind (1999) study. Children in all studies completed the Joseph Preschool and Primary Self-concept Screening Test and the Child Behavior Checklist. Mothers who received Intensive Filial Therapy training conducted pretest and posttest play sessions for the Measurement of Empathy in Adult-Child Interaction. Analyses of Covariance revealed the children in the experimental group significantly increased in self-concept, and significantly reduced overall behavior problems. A comparison of t-test scores of the pretests and posttests revealed mothers in the experimental group significantly increased communication of empathy to their children.
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Saunders, Marilyn C. "Adolescent girls testifying in a criminal court in cases of sexual abuse or rape a narrative analysis /". Pretoria : [s.n.], 2007. http://upetd.up.ac.za/thesis/available/etd-04292008-110951.
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Lehmann, Caron Mary. "An evaluation of the time frame of the disclosure process in the evidence of 97 child witnesses in cases in the Belville sexual offences court". Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1279.
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When children are sexually abused it usually takes place in concealment. This means that unless the child reveals the abuse, it will remain hidden. This study commences with an examination of the reasons as to why a child may delay the disclosure of sexual abuse. The result of research indicates that there are certain recognisable reasons, which are frequently encountered, as to why a child may either delay telling anyone about his or her experience or as to why s/he may never tell anyone. Traditional assumptions of what are considered normal reactions to sexual abuse are tested. The discussion then moves on to considering the approach of the South African courts in regard to evaluating the manner and timing of a child’s revelations, as well as to considering the impact which a delay may have on the acceptance of that child’s evidence. Intrinsic to this analysis is the progress made in our courts, and by the legislature, in recognising factors that influence a child to either blurt out the information immediately or conceal it for a period of time. Thereafter, the testimony of 97 child victims of sexual abuse is analysed with a view to determining whether these children fit the profiles raised in research on the subject and described in some of the case law. The rate of attrition in cases of sexual offences against children is considered as well as the role that cross-examination plays in either enhancing or reducing a child’s ability to accurately describe an acceptable motivation for the delay in disclosure. The study concludes with a discussion of how well child victims are served in a legal environment designed to provide a forum for eliciting the truth from a child witness. The use of intermediaries and the impact of cross-examination is discussed as well as the ability of judicial officers to adjudicate in matters requiring highly specialized knowledge and experience.
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Donaldson, Kristy Melissa. "Defense and Prosecuting Attorney Perceptions of Facility Dogs in the Courtroom". ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/3939.
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Attorneys must obtain evidence for purporting their position on a court case. Many factors are considered when working with witness testimony such as age, development, narrative recall, and retraumatization. Research has detailed the hardship of obtaining evidence during witness testimony and the importance of support systems to help with the process. Existing research illustrates the stressors caused by the court processes, witness fear, and difficulty for attorneys to ascertain testimony. Therapeutic animals have been well researched and shown to have an important support role in many professions and situations. Additionally, much has been written regarding the use of varying types of court approved support systems. However, there is a gap in the literature regarding how attorneys perceive the use of facility dogs as support systems in the courtroom. The case study sought to understand how defense and prosecuting attorneys perceive the use of facility dogs in the courtroom, and how that experience has influenced their belief system. Data collection was completed through a 7 question phone interview process. The data collected via phone interviews were coded and analyzed through the use of NVivo software and Survey Monkey database. The analysis revealed the participants high level of acceptance on the use of facility dogs in the courtroom as support systems. Attorneys were open and receptive to learning more about dogs as a support system, even when hesitant about the outcome. The revelations from this study may be used to provide additional support to witnesses. Data collected within this study will propel future studies and education in many different animal advocate groups and legal entities.
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Wilkerson, Tendai Marowa. "A comparative analysis of the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia". Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003213.
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Prior to 1990, very few countries in the world offered special protection to child witnesses interfacing with the justice system. There were no legal provisions permitting testimonial accommodations for children in court. The courtroom experience was significantly traumatic for the children. With the international focus shifting from protecting and upholding the rights of the accused in the courtroom towards a more victim-centred approach, various international and regional instruments have strongly dvocated that children deserve special protection because of their vulnerability. In order for the courts to be able to elicit accurate evidence from the child without further traumatizing the child, research has shown that the child needs assistance. An intermediary may be defined as a person who facilitates communication between the child and the courtroom in a manner that takes into account the child‟s cognitive and developmental limitations. The thesis was prompted by the need to make a contribution to the currently limited body of literature on the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia by investigating how the systems can be improved and sustained in a way that helps to protect the child witness in court. Despite the problems the South African courts have had in identifying the appropriate interpretation of its intermediary legislation, the country emerges as a clear leader for the steps it took by creating a positive legal framework within which child protection issues are addressed and introducing the concept of the intermediary. This concept proved to be an inspiration to its neighbours, Namibia and Zimbabwe. The influence of the South African intermediary legislation is evident in the Namibian and Zimbabwean legislation. Although Namibian legislators have drafted laws that permit intermediary assistance in court, there are as yet no intermediaries appointed. In Ethiopia, although there is no discernible intermediary legislation, the country has managed to establish an intermediary system. As a result of the analysis conducted, it is evident that the efficacy of the intermediary system is dependent on the presence of an enabling legislation, its clarity and ease of interpretation, the sensitisation of court role players on child vulnerabilities, the significance of intermediary assistance, and finally a government's commitment towards the implementation process.
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Bravo, Correa Montserrat. "Análisis criterial del testimonio infantil y adolescente en casos de violencia sexual". Doctoral thesis, Universitat de Girona, 2020. http://hdl.handle.net/10803/669727.
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A criteria analysis of 200 legal statements of child and adolescence sexual violence (CAVS) cases with guilty verdict has been performed. Interactions among age, sex, scope (intra and extra familiar) and frequency (chronic, episodic or unique) within the declarations given by children and adolescences between 4 and 17 years of age were studied. Declarations were obtained by qualified forensic psychologists who applied the NICHD Protocol (2000, 2007) during the phase of the instruction of the judicial proceedings. Results show that factors age, scope, and frequency studied determine the appearance of the criteria, while the factor sex is not significant. The generalized composition of the current criteria systems that do not serve the mentioned factors are criticized and we propose a new system that extends and diversifies different listings with more specific criteria, is proposed along with an integrative and ponderate model of the criteria analysis (MIPAC) that contemplates age, scope, and frequency.Se ha realizado un análisis criterial de 200 declaraciones judiciales en casos de violencia sexual infantil y adolescente (VSIA), con sentencia condenatoria. Se estudió la interacción de la edad, el sexo, el ámbito (intra y extra familiar) y la frecuencia (crónico, episódico y único) en el tipo de declaración aportada por niños/as y adolescentes de entre 4 a 17 años. Las declaraciones fueron obtenidas por psicólogos/as forenses cualificados/as, que aplicaron el Protocolo NICHD (2000, 2007) durante la fase de instrucción del procedimiento judicial. Los resultados muestran que los factores estudiados edad, ámbito y frecuencia condicionan la aparición de los criterios, mientras que el sexo no resulta significativo. Se critica la composición generalizada de los sistemas criteriales actuales que no atienden a los factores mencionados y se propone un nuevo sistema que amplía y diversifica diferentes listados con criterios más específicos, junto con un modelo de integración y ponderación del análisis criterial (MIPAC) que contempla la edad, el ámbito y la frecuencia
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Van, Niekerk Hester Aletta. "Determining the competency of children with developmental delays to testify in criminal trials". Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017878.
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In South Africa children are required to testify under oath or admonition. The shortcomings of the competency test are of particular relevance to children with developmental disabilities, since courts are not equipped to adequately assess the competency of these children to give evidence. One component of testimonial competency, namely the understanding of the concepts truth and lies, is overemphasised and is examined with questions that are developmentally inappropriate for child witnesses in general. For children with cognitive disabilities, such questions create barriers for participation in the truth-seeking process. Consequently, convictions have been set aside on appeal owing to procedural irregularities found in the implementation of this test. In the literature review on testimonial competency, attention was given to restrictions that specific developmental disabilities impose on the perceptual, cognitive, communication and moral development of children. Two of four components – narrative ability and moral capacity – were studied in a sample of 184 children in middle childhood. Participants’ ability to give coherent and detailed accounts of events, their understanding of the concepts truth, lies, promises and the oath, and the Lyon and Saywitz oath-taking competency test, were investigated. Quantitative and qualitative methods were used for data analysis. Three groups were identified: those children with very limited, average or full testimonial competency. Their capacities were found to be related to maturation of cognitive functions and level of intellectual functioning. Participants were better able to demonstrate their understanding of truth and falsity by responding to the oathtaking test than giving verbal descriptions of these concepts. Whereas 1 percent of participants had a conceptual understanding of an oath, 15 percent understood the concept of a promise. Syncretism and confabulation compromised the narrative accounts of a substantial number of participants. Syncretism relates to immature narrative ability: correct details are combined in an illogical fashion. Confabulation refers to filling memory gaps with fabricated information. Guidelines on the competency determination of children with developmental disabilities were compiled. It is suggested that the competency examination be replaced by a formal, pre-trial competency assessment. The court should also receive expert evidence on how to facilitate meaningful participation when a child with sufficient testimonial competence is the witness.
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Ras, Semantha. "'n Ondersoek na die emosionele behoeftes en probleme van die seksueel misbruikte adolessent wat betrokke is by die hofsisteem". Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/1643.
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Thesis (M Social Work (Social Work))--University of Stellenbosch, 2009.This research concentrates on the development of guidelines for the social worker who works with the sexual abused adolescent that is involved in the court. The research was executed according to the quantitative descriptive design. The first part (Chapter 2, 3 & 4) focus on the problem analysis and information gathering linked to the development of a theoretical stage for the develop of guidelines. Adolescence as developmental stage is discussed and suggestions are made as to how this information can be used by the social worker during the preparation of the child that is involved in the court. Different forms and consequences of sexual abuse are discussed. The law system and testimony are discussed as well as the process and problems that occur in the law system. The second part of the research (Chapter 5 & 6) is related to conducting of a pilot study and the results of the empirical research are presented (A questionnaire was handed to twenty respondents). The focus is on the problems and needs of the sexually abused adolescent. The study concludes with conclusions and recommendations. Recommendations for the social worker as well as the court system that work on a daily basis with sexually abused children have been outlined. These recommendations can be used as a support for effective service delivery.
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Williams, Sara-Jayne. "Can the child witness provide accurate testimony?" Thesis, University of Bristol, 2001. http://hdl.handle.net/1983/28387d5a-f353-40c0-ab8b-9b3c88dec6da.
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