NCJ Number
195390
Journal
Prosecutor Volume: 36 Issue: 3 Dated: May/June 2002 Pages: 30-34
Date Published
2002
Length
5 pages
Annotation
Based on research into children's cognitive and linguistic abilities, this article provides guidance to prosecutors in obtaining testimony from children.
Abstract
When obtaining testimony from children, first use words that the particular child is likely to understand. This means avoiding legal jargon, technical terms, and multisyllabic words. Second, be specific. This involves using names instead of pronouns, using the child's words for body parts, using the names of geographic locations, avoiding vague references to feelings, avoiding abstract terms, and avoiding relationship words. Third, ask simple questions. This involves avoiding "Do you remember" questions, avoiding statements that are turned into questions with "yes" or "no" answers, avoiding words that are contractions, and avoiding shifting topics and time frames. Fourth, use numbers and measurements carefully. Prosecutors should not ask children about the number of times something happened to them or ask them to estimate measurements (before age 10). Neither should children be asked to estimate time or to guess about something. Finally, the prosecutor should respect the child's viewpoint. Prosecutors' follow-up questions should use the same words the child has used in previous testimony. Also, since children's accounts of what has happened to them may sound disorganized or inconsistent, they will need prompts to tell the story in sequence and to provide details previously reported. Do not ask a child about his/her motivations for engaging in certain behaviors. Prosecutors should expect children to provide literal answers in response to their questions, so questions must be phrased precisely. 4 suggested readings