NCJ Number
162224
Journal
Criminal Justice and Behavior Volume: 23 Issue: 2 Dated: (June 1996) Pages: 358-376
Date Published
1996
Length
19 pages
Annotation
Recent concern has been raised in Scotland regarding the ability of children to serve as witnesses, and Scottish rules of evidence governing children's testimony in both criminal and civil cases are reviewed.
Abstract
Cases in which child testimony figures most prominently are those in which the child is involved either as an alleged offender or as an alleged victim. Since the Social Work Act of 1968, child abuse victims are generally not dealt with in ordinary courts but are instead referred to the Children's Hearing System. The protection of children from abuse is largely accomplished by establishing the abuse within this system and separating the abuser from the child if necessary by receiving the child into care rather than by prosecuting the offender. More serious cases of child physical abuse and child sexual abuse generally involve prosecution before a high court judge and a jury. Procedures have been established for receiving evidence from child witnesses, including the use of screens, closed circuit television, and the use of videorecording. Research on children's evidence in Scotland is reported, and effects of the the live television link in the courtroom on children are examined. Findings from two programs of psychological research on children's evidence in criminal cases are presented. The first project explored children's eyewitness memory, their knowledge of the legal system, and their ability to give evidence in criminal trials. The second project evaluated the first trial period of the video link system for child witnesses in Scottish courts. 52 references