Guardians Ad Litem in the Criminal Courts

• NCJ Number: 110006
• Author(s): D Whitcomb
• Date Published: 1988
• Length: 67 pages
• Contract Number(s): J-LEAA-011-81; OJP-86-C-002
• Sponsoring Agency: National Institute of Justice (NIJ); US Dept of Justice NIJ Pub
• Corporate Author: Abt Associates, Inc
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: Issues and Practices in Criminal Justice

Annotation

This report takes a critical look at the legal and pragmatic issues surrounding the appointment of independent representatives on behalf of child victims, particularly child sexual abuse victims, in criminal court.

Abstract

Following an examination of the guardian ad litem concept and Federal and State statutes authorizing appointment of a guardian ad litem in child abuse and neglect proceedings, the extent to which such statutes apply in criminal proceedings is examined, together with several new statutes that explicitly address this issue. Results are presented of a 1985 telephone survey of the guardian ad litem's role in criminal proceedings. These functions include counselor and interpreter, protector against system-related trauma to the child victim-witness, advocate, investigator, and social services broker. Legal issues surrounding the use of the guardian ad litem in criminal prosecutions then are addressed, including legal standing, privileged communications with the child, and the defendant's right to a fair trial. Guidelines are provided for assessing the need for a guardian ad litem in criminal proceedings depending upon the availability and adequacy of existing witness/victim services. Finally, considerations in designing and implementing a program are delineated, including staffing, organizational structure, appointment procedures, and funding sources. Sample statutes and court rules are appended. 1 exhibit, 2 tables, and chapter endnotes.