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Protecting Child Witnesses: Judicial Efforts to Minimize Trauma and Reduce Evidentiary Barriers

NCJ Number
163374
Journal
Violence and Victims Volume: 11 Issue: 1 Dated: (Spring 1996) Pages: 71-91
Author(s)
T L Hafemeister
Date Published
1996
Length
21 pages
Annotation
A nationwide survey of judges was conducted to determine the relative use of various means to minimize trauma or reduce evidentiary barriers for child victim/witnesses in child sexual abuse cases, how judges assess these means, and the impact of education programs in this area.
Abstract
Increasing attention has been given to the need to protect child witnesses from the potential trauma associated with providing testimony in the courtroom, as well as to the importance of maximizing the validity and reliability of that testimony. At the same time, these efforts may conflict with the right of an accused to confront his/her accuser or various evidentiary rights of the accused. Numerous education programs have been conducted to assist judges and lawyers in better responding to these issues. The survey reported in this article shows that although judges use a broad range of approaches to minimize this trauma or reduce evidentiary barriers, they are particularly likely to use simpler techniques that are relatively easy to implement and that they consider both effective and fair to the parties appearing before the court (e.g., posing questions at a level the child can understand and modifying the court's schedule to take into account the child's needs). Attendance at education programs apparently influences the use of these approaches. Survey results also show the best methods for disseminating relevant information on child sexual abuse to judges. 9 tables and 51 notes