NCJ Number
116515
Date Published
1989
Length
14 pages
Annotation
The age or developmental stage at which a child should be allowed to testify in court is explored.
Abstract
The law and child psychiatry differ on the acceptable age of children as court witnesses. Neither the law nor child psychiatry considers a child's competency or credibility strictly by age, but the law includes some age requirements for competency. The law is concerned with a child's intelligence and ability top relate facts, whereas the child psychiatrist considers a child's developmental stage and the stress level under which a child has been or may be operating. Studies are cited that confirm stress and trauma can adversely affect a child's memory. The use and effectiveness of hypnosis in children are questionable, a key reason being that children are by nature vulnerable to suggestion. Testimony by a psychiatrist for the child in certain cases is recommended, particularly for infant witnesses clearly below the minimum age of competency. A child psychiatrist could also testify in a case where loyalty conflicts or fear exists that might force a child to lie. In addition, a child psychiatrist witness could be used effectively as a spokesperson for a child in divorce custody and visitation disputes. Techniques for verifying the credibility of a child witness are discussed, as well as factors to consider in deciding when a child should testify in court. 29 references.