NCJ Number
87290
Journal
Children's Legal Rights Journal Volume: 4 Issue: 2 Dated: (1982) Pages: 11-17
Date Published
1982
Length
7 pages
Annotation
A child should be used as a witness if the child has important factual evidence to offer that is not available from any other source.
Abstract
Children should also be called if their testimony is vital for corroboration of other, perhaps less believable, evidence, or to reduce to certainty events which otherwise would be vague or circumstantial. If the judge rules that the child is not a competent witness, the child's testimony will not be heard. However, if the judge determines that the child is competent to testify, the testimony is admitted as evidence. The judge or jury will weigh the child's testimony along with that offered by other witnesses and reach a decision. The child-serving professional must weigh therapeutic considerations in helping a child prepare to testify and will be working with an attorney. The attorney must be made to understand that the trial preparation must be delicate and considerate so as not to psychologically or emotionally damage the child. During the trial, the child-serving professional must be continually available to the child. Following the trial, the professional must incorporate any problems facing the child as a result of the testimony into any future diagnostic plan. Nine footnotes are included.