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Child Witnesses in Scottish Criminal Trials

NCJ Number
154928
Journal
International Review of Victimology Volume: 2 Issue: 4 Dated: (1993) Pages: 309-329
Author(s)
R Flin; R Bull; J Boon; A Knox
Date Published
1993
Length
21 pages
Annotation
In this first British study of children giving evidence in criminal trials, psychologists watched 89 children between 5 and 15 years of age who were examined as prosecution witnesses in a wide range of criminal cases in Scotland.
Abstract
The study sought to obtain information on procedures children may encounter in court, the nature and frequency of special measures used to obtain evidence from children, emotional and cognitive abilities of children in coping with court requirements, difficulties encountered by children in court, and characteristics of prosecution and defense examinations and their effects on children. Researcher psychologists sat in a discreet position in the court, as near to the child as possible to permit unobtrusive observation and data recording. It was observed that children sometimes misunderstood the questions raised by lawyers but that defense cross-examination was not necessarily the most difficult part of the trial. While differences emerged between defense and prosecution styles and children's responses to them, these differences appeared to be a function of examination style rather than a simple distinction between defense and prosecution per se. Children's experiences while giving evidence in court depended on many internal and external factors, including case circumstances, measures taken to alleviate stress, personalities, and what children said in evidence. A large percentage of children appeared to be tense and unhappy while giving evidence. Suggestions are offered on how to improve the level of interaction with child witnesses. 21 references and 8 tables