NCJ Number
111045
Journal
South African Journal of Criminal Law and Criminology Volume: 11 Issue: 1 Dated: (1987) Pages: 3-20
Date Published
1987
Length
18 pages
Annotation
This paper examines the criminal justice system's response to child witnesses, highlighting issues related to their credibility and competence to testify and their vulnerability.
Abstract
There is growing empirical evidence to show that children are no less credible than adults in areas relevant to witness assessment such as suggestibility, memory, and the distinguishing of reality and fantasy. However, they are disadvantaged in terms of cognitive competence, such as linguistic ability, and emotional vulnerability to court procedures. International concern with the problem of the child witness is mirrored in such reforms as South Africa's Child Care Act 73 of 1983, Israel's use of the child investigator, improved training in child sexual abuse investigation for British police, and hearsay exceptions to the use of audio and video recordings. Other proposals have included expedited hearings, appointment of child advocates, use of special children's courtrooms, use of child interpreters and child psychologists as expert witnesses, and abolishing the corroboration rule. While more research is needed, available evidence suggests no gulf between the credibility or cognitive capabilities of adult and child witnesses. However, there is a need for children to be treated in an age-appropriate fashion. 29 references.