NCJ Number
104381
Date Published
1985
Length
12 pages
Annotation
This booklet aims to give juvenile justice and court staff, social service workers, parents, law enforcement officers, and others an overview of what is known about the ability of children to take part in legal proceedings and the effects that this participation has on them.
Abstract
The information is derived from the results of scientific studies, but may not apply to individual persons or situations. Children's understanding of their legal rights depends on both their age and their experience. They generally go through three stages as their understanding of legal concepts matures. Although older children and adolescents are often as capable as adults in making important decisions, exceptions are their lack of understanding of the right to remain silent and of attorney-client privilege. Children's ability to remember depends partly on how the question is asked. When asked specific, direct questions they remember as well as adults and are as honest as adults. Only very young children may be more suggestible than adults. A physical and psychological setting that helps the child relax and feel comfortable should promote reliable testimony. Children should have advocates during legal proceedings, should understand their rights, and should have maximum participation in legal proceedings that affect them. Counsel should prepare children adequately, use great caution in accepting waivers of rights, adjust to the child's needs, and probe the reasoning underlying the child's responses. Six suggested readings.