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Children's Evidence by Video Link

NCJ Number
119561
Date Published
1989
Length
52 pages
Annotation
This paper examines the use of video link technology in the Australian Capital Territory as a means of reducing the trauma experienced by a child witness.
Abstract
Video link is a system of closed circuit television monitors linking the courtroom to an outside room by picture and sound. By enabling the child to give evidence from outside the courtroom, video link could help to protect the child from the anxiety of courtroom ritual and the fear or embarassment of testifying before a group of strangers. In reducing the stress of testifying, video link could also enhance the accuracy and clarity of a child's testimony. Some argue, however, that video link erodes the rights of the accused in some cases. It may cause the jury to assume that the child witness needs to be protected from the accused. The Law Commission concludes that the use of video link has sufficient merit to support its practical application on a test basis. The commission recommends that the magistrates court have discretion to implement a flexible procedure for the use of the technology within certain safeguards. This would be achieved through an ordinance that would apply for a 12-month trial period. The paper also suggests a method for evaluating the impact of video link. 20 footnotes, 34-item bibliography.