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In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.
In 1989, the Pigot Committee proposed a scheme in which the whole of a young child's evidence, cross-examination and all, would be obtained out of court and in advance of trial. The scheme has been implemented in full in Western Australia, but not in the UK. These essays examine this, and similar schemes, and argue for further reforms in the UK.
Children's Testimony offers a comprehensive and up-to-dateassessment of issues relating to children's evidence. Starting withpsychological underpinnings and child protection considerations,the reader is taken through a clearly structured and timelycollection of chapters from internationally renownedcontributors. Pointers for practitioners are clearly highlighted throughout and aunique, jargon-free glossary of psychological terms encountered inchild witness research is included making this a highly practicaltext. * An accessible review of existing knowledge and preview of new andrecent developments in psychological research and forensicpractice * An outstanding group of international contributors * Offers a broad scope that considers all the key areas of researchand practice
The experience of the child victim as a courtroom witness in sexual abuse cases is examined in this study of a testing program involving 30 children aged 6 to 15. The purpose of the study was to identify needs not recognized by courts that can be responded to, denied, or exacerbated through language. Based on court transcripts, differences were studied between the language repertoire of the child and that demanded by the courtroom. Court-related language features are identified and discussed: use of negative; juxtaposition; nominalization; multifaceted questions; unclear or confused expressions; specific and difficult vocabulary; unclear anaphora; use of police statements; quoting of the child's words; quoting of other people's words; repetition of previous response; time, space and location questions; and embeddings. Results of the testing program indicate that certain types of questions posed problems for the child trying to hear language. It is suggested that court appearance is not necessarily traumatizing for a child, but becomes so when a child cannot feel sure that he or she is heard, understood, and believed. Suggestions for improved questioning are offered. An annotated bibliography is included that contains 66 references. (LB)
This is an account of the civil and criminal rules affecting children in England, Scotland and Northern Ireland reviewing them in the light of the findings of psychologists and social scientists and makes proposals for reform. There have been many important developments which include hearsay evidence which has become freely available in civil proceedings involving children in both England and Scotl videotapes of earlier interviews which have become admissible in criminal proceedings in Engl in Scotland the lawhas been changed to allow the whole of a child's evidence in a criminal case to be taken ahead of trial on commission; there has been a wave of popular concern about "ritual abuse" and among psychologists there is increasing concern about both "repressed" and "implanted" memories.
An international panel of distinguished experts present the latest and most useful developments in child witness research and practice that are designed to address actual problems arising from the operation of the current legal system. All the contributors bring a clear applied focus to their respective chapters. The relevent legal context is provided by specialists who have written accessible summaries of the legal status of children's evidence in the countries represented including the U.S., Canada, Germany and the U.K.
"Many countries have made developments with respect to the examination and cross-examination of child witnesses in the criminal justice system that surpass those made by Canada. These developments have been made in response to the vulnerabilities of child witnesses documented in the literature and commitments to international covenants pertaining to child witnesses. In many cases, reforms in other countries have been championed and sustained by members of the judiciary alongside prominent academics and other interested members of the criminal justice system"--Exec. Summary, p. vi.
"Going to court can be frightening and confusing for children, particularly for those already harmed by a traumatic event. These excellent pamphlets explain criminal and civil court procedures with child-friendly language and illustrations. They are designed to help children understand the child witness′ role and court processes. The authors are to be commended for taking on this important task." --Sarah H. Ramsey, Professor of Law and Director, Syracuse University College of Law Every year thousands of cases of child abuse involving young witnesses are referred to the court system. Properly preparing children for the experience of court can minimize the emotional stress and allow them to become more credible witnesses. The first of its kind, Preparing Children for Court, is intended as an aid for social workers, court educators, victim/witness specialists, law enforcement, therapists, and attorneys. Written in an engaging manner, this text divulges the "tricks of the trade" that will allow the child to enter the legal systems without negative consequences. This text is packaged with three children′s workbooks to facilitate the child′s learning and understanding of the court process. Viewed as an essential toolkit, no professional in the field should be without this volume and its accompanying workbooks. Price includes one set of the three workbooks
Learn how to look good on cross, even when the witness is not cooperating. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting, and insulting. Filled with illustrative cross examinations from actual cases, this book is your key to employing these proven techniques in your own practice. Using the three themes that run through out the book--looking good, telling a story, and using short statements--you can take control of your cross examinations and achieve the results you desire.