NCJ Number
103776
Journal
Pepperdine Law Review Volume: 13 Issue: 1 Dated: (1985) Pages: 157-184
Date Published
1985
Length
28 pages
Annotation
This paper presents empirical research confirming the reliability of child witnesses and proposes legal reforms to prevent child victims of sexual assault from being traumatized in the courtroom.
Abstract
A 1979 experiment conducted by Barbara Marin and others regarding the potential of children as eyewitnesses concluded that the main problem with young witnesses is not their ability to accurately perceive events, but to accurately and meaningfully report their perceptions. A review of reforms in legal requirements that children must meet to qualify as witnesses focuses on oaths and general competency. A dilemma has arisen with the increasing use of child witnesses in sexual abuse cases -- the process for extracting evidence often traumatizes young witnesses and victimizes them a second time. Legislative and judicial responses to this problem include hearsay exceptions, tape-recorded pretrial examinations accompanied by expert testimony, videotaping, David Libai's proposal for a specially constructed child courtroom, and closed circuit televised testimony. Constitutional challenges based on the sixth amendment right of the accused to face his or her accuser are examined. The author argues that policy considerations and artful construction of legal reforms may combine to defeat any constitutional challenge. 145 footnotes.