NCJ Number
137064
Date Published
1992
Length
26 pages
Annotation
This chapter reports on the author's legal analysis of Florida's procedural measures for child witnesses designed to reduce trauma to the child witness; this study can guide other jurisdictions in the adoption of trauma-reducing laws.
Abstract
Florida is classified as a "progressive" State in the protections it affords child witnesses. Florida legislators have codified more than 30 trauma-reducing procedures over the past 10 years. Additionally, Florida's courts have been sympathetic to the child witness in a number of recent appellate court rulings. Legal practitioners within the State receive continuing legal education courses on the topic of the child witness. This report is a first-draft compendium of an unofficial code and case law study for use in Florida's communities by professionals who work with child witnesses. This compilation can reduce the amount of time judges, attorneys, police, clinicians, and others involved with children must spend to find and interpret child witness law in the State. The review of trauma-reducing statutes and rules focuses on rules of criminal procedure, juvenile procedure, termination of parental rights, dissolution of marriage, evidence, records, criminal proceedings, criminal procedure and corrections, and victim assistance. The review of relevant case law concerns confrontation, credibility, excited utterances or spontaneous statements, expert witnesses, and physical examination of the child. The discussion of discretionary measures considers judicial discretion and attorney discretion.