Lecture 16- Children as Witnessess Flashcards
What are some factors of ‘The Child Sexual Abuse Dilemma’?
- children are often unwilling to disclose abuse
- medical and physical evidence is rarely present
- no eyewitnesses
- child witness controversy
How is a child’s ability to act as a reliable witness impacted by memory, and what some factors early memories are limited by?
a child’s memory is better than once thought
but early memories are limited by
- short duration
- context dependence
- language competence
- knowledge barrier
What age are children determined to have the capacity to provide forensically releveant information?
from the age of 4/5
What are some factors of free recall reports?
often free recall reports are highly accurate, but often very brief, not providing enough information to be useful
What is suggestibiltiy?
“the degree to which one’s memory and/or recounting of an event is influenced by suggested information or misinformation”
What is cognitively-driven suggestability?
children start to believe the suggested information, change their memory
what is socially-driven suggestability?
children agree with adults but their memory is still intact, they are saying what they think the adults want to hear
In the NZ law system, are criminal cases heard under an adversarial system?
yes, our criminal cases are, through both direct and cross examination
In the NZ law system, is there is a lower age limit to testify?
no, there is no lower age limit
Does the NZ law system have a competency requirement?
yes, we have a competency requirements, where the judge has to determine whether the child is able enough to appear in court and give evidence
Why is a lack of knowledge a potential problem for a child witness?
they may struggle to understand the vocabulary and produce used in court
Why is a confronting the accused a potential problem for a child witness?
this can make children less willing to incriminate, due to the child being scared or possibly previously threatened by the accused
Why is the courtroom a potential problem for a child witness?
- large group of strangers
- elevation of judge
- isolation of witness box
- formal attire
Why is a cross examination a potential problem for a child witness?
this is when a child is questioned by the defense lawyer whose aim is to discredit the child’s testimony
- questions are often leading, complex, confusing and challenging to credibility
- most children change at least one factor of their early testimony
What are the 3 current situations available to child witnesses in NZ
- in courtroom but with a screen blocking from the accused
- in another room of the court, via CCTV
- via pre-recorded interview
