NCJ Number
152021
Date Published
1994
Length
349 pages
Annotation
This book, written by a former social worker and current family law specialist, identifies problems inherent in the use of children as court witnesses and suggests a program of reform that would benefit both the children and the pursuit of justice.
Abstract
The book first analyzes many actual trials that have featured the use of child witnesses, including the McMartin Preschool prosecution in California, the Morgan-Foretich custody and visitation controversy, and the five U.S. Supreme Court child sexual abuse cases. The analysis of these cases assesses how a child witness may be more prone to memory-fade, suggestibility, or fantasy than an adult witness. After assessing research on the cognitive capabilities of children and the emotional, social, and moral influences that might affect children's potential reliability, the author recommends three basic principles of reform. One recommendation is to videotape the child's testimony according to a strict set of rules that will ensure objectivity, thereby reducing both the unreliability and the trauma of giving in-court testimony. A second recommendation is to streamline the criminal investigation process so the child is not subject to numerous and harassing visits by therapists, detectives, and officers of the court. The third recommendation is to revise existing barriers to the receipt of out-of-court statements. Chapter footnotes, 437 references, and a subject index