Children's Evidence in Child Abuse Proceedings Under the Israeli Legal System: The Law of Evidence Revision (From Psychology and the Law: International Perspectives, P 385- 392, 1992, Friedrich Losel, Doris Bender, et al., eds.-- See NCJ-148224)

• NCJ Number: 148252
• Author(s): T Morag
• Date Published: 1992
• Length: 8 pages
• Sale Source: Walter de Gruyter & Co
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Germany (Unified)

Annotation

The Israeli Knesset (Parliament) enacted the Law of Evidence Revision (Protection of Children) in 1955 in response to public criticism of cases in which children were harshly interrogated in court regarding sex offenses.

Abstract

Although 35 years have passed since the law was enacted, it is considered an innovative and unique piece of legislation that protects children from possible harm during police courtroom interrogation. The law applies to children under 14 years of age who are required to testify in court regarding sex offenses or offenses committed against them by parents. The law mandates the function of the youth interrogator who is empowered to decide whether and under what conditions a child may testify in court. The youth interrogator is the only one who may interrogate a child and take his or her testimony. The law's main innovation clearly lies in its creation of an exception to the rule excluding hearsay evidence and to rights of the accused to cross- examine witnesses. To compensate for potential harm to rights of the accused, the law provides that no person may be convicted on the basis of a child's testimony submitted through a youth interrogator, unless it is corroborated by other evidence. Controversy surrounding the law is considered, as well as the law's current status, recent amendments, and proposals for improving the law. The law itself is appended. 6 references