Children as witnesses

The Child Sexual Abuse Dilemma

• Children unwilling to disclose abuse

• Medical/physical evidence rarely present

• Absence of eyewitnesses

• Child witness controversy

What governs children’s ability to act as reliable witnesses?

memory

verbal reports

suggestibility

memory

Children’s memories are better than was once thought

Early memories are limited by:

• Short duration

• Context dependence

• Language competence

• Knowledge base

By the age of 4 or 5, children have the capacity to provide forensically relevant information about past events

verbal reports

Free Recall accounts are highly accurate, but brief

As questions become more specific, children give more detail, but also make more errors

suggestibility

“the degree to which one’s memory and/or recounting of an event is influenced by suggested information or misinformation” (Reed, 1996)

—cognitively-driven suggestibility

—socially-driven suggestibility

Variation in suggestibility

Inappropriate Questioning in Child Sexual Abuse Trials

• The Kelly Michaels Case

• The McMartin Preschool Case

The Kelly Michaels Case

The McMartin Preschool Case

The New Zealand Legal System for Child Witnesses

Criminal cases are heard under an adversarial system

o Direct Examination

o Cross-Examination

o (Re-Examination)

• No lower age limit

• No corroboration laws

Potential Problems for Child Witnesses

1. Lack of Legal Knowledge

2. Confronting the Accused

3. Courtroom Environment

4. Cross-Examination

4. Cross-Examination

• Child is questioned by the opposing lawyer

• Aim is to discredit testimony

• A “how not to” guide to interviewing children

• Questions are often leading, complex, confusing, and challenging to credibility

• Most children change at least one part of their earlier testimony

• In the lab, cross-examination-style questioning is detrimental to accuracy

3. Courtroom Environment

• Large group of strangers

• Elevation of judge

• Isolation of witness box

• Formal attire

2. Confronting the Accused

• Can make children less willing to incriminate

• Effects likely to increase when children have been threatened?

1. Lack of Legal Knowledge

• Knowledge of Vocabulary

• Knowledge of Procedure

Current Situation for New Zealand Child Witnesses

3 options for children giving evidence in sexual abuse trials:

1. In courtroom, with a screen shielding witness from accused

2. From another room in the court, via CCTV

3. Via pre-recorded videotape

• Judge no longer warns jury that children are prone to distortion of facts

• The system is still by no means perfect

• Cross-examination still occurs live

• Reforms to the cross-examination process are in the pipeline