NCJ Number
163668
Date Published
1996
Length
18 pages
Annotation
Significant changes have occurred in the laws regarding juvenile witnesses in criminal proceedings in England and Wales in recent years as a result of psychological research during the past decade.
Abstract
Until recently the competency requirement was interpreted as making it impossible to hear testimony from a child under age 6. In 1990, the Court of Appeal ruled that a child of any age could testify, provided the judge thought the child sufficiently intelligent and able to understand the duty to speak the truth. The Criminal Justice Act of 1991 went much further and tried to abolish the competency requirement completely. At the same time, the corroboration rules have been greatly attenuated. Steps have also been taken to make testifying less stressful for children. The 1991 Criminal Justice Acts allows prosecutors to substitute a child's videotaped interview for live examination at court by the prosecutor. Remaining problems include the inability to videotape cross-examination and the need to develop procedures for children with communication disabilities. Recent research has focused on the use of the cognitive interview, of the felt board containing the outline of a child's head and an adult's head, and of children hearing a recording of their recall. 43 references