NCJ Number
89602
Journal
New England Law Review Volume: 17 Issue: 3 Dated: (1981-1982) Pages: 643-717
Date Published
1982
Length
75 pages
Annotation
This article proposes methods of handling child witness cases that refine some of the ideas of Libai, makes some additional suggestions, and presents model legislation for implementing these proposals.
Abstract
The State legislation proposed is designed to reduce the trauma to both the victim and nonvictim child witness in criminal proceedings throughout the judicial process by affording the child as much protection as is consistent with the constitutional rights of the accused. The legislation is also intended to alleviate the psychological trauma to a child testifying in certain kinds of civil suits, such as violence torts, child abuse, and divorce. The model act provides for a child hearing officer, who would be a specially trained attorney employed by the State to act as counsel and advocate for a child victim-witness and for other child witnesses in judicially selected cases. The officer would be trained in child psychology, nursing, social work, and clinical interviewing. Two examples of common law rule-bending on behalf of child witnesses are discussed: allowing the child's res gestae statements to be testified to by a third party and limiting the defendant's opportunity to interviewing a child prior to the trial. The constitutional issues raised by the model act are identified, and arguments for its constitutionality are presented. A total of 394 footnotes are listed.