Child Testimony

Question 1

2 Factors to Assess for Reliability

Answer 1

Memory
Suggestibility

Question 2

3 Components of Memory

Answer 2

1. Encoding
2. Storing
3. Retrieving

Question 3

2 Types of Memory Errors

Answer 3

Omission
Comission

Question 4

Least Complex Memory

Answer 4

Recognition memory

Question 5

5 McMartin Factors (& what are)

Answer 5

Forms of suggestion noted reviewing McMartin IVs
1. Suggestive/leading questions
2. Asked-and-answered
3. Inviting Speculation
4. “Other People”
5. Positive and Negative Consequences

Question 6

Manny Morales Results

Answer 6

Social influence/reinforcement much more powerful determinants of answers than simple suggestive questions

Question 7

6 Summary Points of Child Testimony

Answer 7

1. Preschoolers’ reports often very accurate (much more omission than commission errors)
2. When questioned by biased IVer, circumstances can affect child’s report/making it unreliable
3. First IV most reliable
4. Suggestive IV techniques can result in long-lasting falseb beliefs
5. Children’s false reports can be persuasive
6. Need to obtain recording of full IV

Question 8

Maryland v. Craig (SCOTUS 1990) Main Point

Answer 8

If state makes adequate showing of necessity, state interest of protecting child witnesses sufficient to use special procedure that permits child witness to testify against def in absence of face-to-face confrontation

Question 9

Maryland v. Craig (SCOTUS 1990) 3 Points for Test of Showing of Necessity

Answer 9

1. Hear evidence/determine if use necessary to protect welfare of particular child
2. Find that child would be traumatized, not only be courtroom generally, but by presence of def
3. Emotional distress suffered by child 2/2 presence of def > de minimis, more than “mere nervousness or excitement or some reluctance to testify”