Child Witness: Techniques for Direct Examination, Cross-Examination, and Impeachment

• NCJ Number: 107996
• Journal: Pacific Law Journal Volume: 18 Issue: 3 Dated: (1987) Pages: 801-942
• Author(s): J E B Myers
• Date Published: 1987
• Length: 142 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

Direct examination, cross-examination, and impeachment of child witnesses are discussed in this article.

Abstract

Assisting children into the courtroom, calling brief recesses because of their short attention span, and phrasing questions in a way children understand are cited as basics of direct examination of child witnesses. Using part of the direct examination to support the child's competency is advised when the jury may be doubtful. Refreshing the child's recollection and asking leading questions are advised when the child's memory is exhausted or the child is embarrassed. Anatomically correct dolls are useful as demonstrative evidence in direct examination. Expert testimony about battered child syndromes is helpful in establishing the child's credibility and as circumstantial evidence of abuse. Basic methods for underpinning child witnesses' testimony are discussed. Pretrial discovery of prior inconsistent statements through interviews with police officers and mental health professionals and discovery of education records indicating disciplinary problems may discredit testimony. Truthfulness of child witnesses is discussed in terms of cognitive ability and age. Suggestibility, improper pretrial coaching, and inconsistency between direct testimony and prior behavior are reviewed. Sample defense counsel cross-examination questions are listed. Impeachment of credibility is discussed regarding willingness and capacity to testify truthfully. Testimony may be impeached through showing of prior inconsistent statements, bias and interest, coercion, and coached testimony. Child testimony may also be impeached by showing of an untruthful character. Defects in capacity such as the child's inability to perceive, remember, or relate personal knowledge of the alleged events are also discussed. 470 footnotes.