Children in Courts: From 1895 to Present - Essay Sample

Introduction

From the beginning of the 1980s, children had been used as witnesses in Criminal Court, civil courts or family courts. Currently, more than 100000 children appear to participate in court every year. This shows how important the information gathered from the children is essential to the court proceedings. Children were allowed to provide testimonies in courts from the year 1895 after the United States Supreme Court allowed five- and half-year-old child to serve as a witness to a case. It, later on, became estimated that more than 100 thousand children appeared in court with the growing awareness of child abuse and the continuous increase of domestic violence (Thompson, 2019). A growing body of science and literature of psychology have given various psychological consequences of children being used as witnesses and experiencing violence in the courts. Such findings show various proposals for modifications in court. The recommendations are meant to accommodate the children, including allowing those who hold objects and accompanied by an elderly person while they are giving their testimony. This accommodation has proven to be helpful for the children who are testifying outside the people involved in the case (McKenna, 2019). Child witness requires a complete understanding of forensic interviewing to obtain all the information with the people involved having to follow the right procedures without affecting the child psychologically or physically.

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Challenges Associated With Forensic Interviewing From a Prosecution Standpoint

There are various characteristics of children that makes them vulnerable as witnesses in the courts. These characteristics are enormous challenges that come with the forensic interviewing. These factors also affect the abilities of children to give statements as a witness and these factors can be categorized into cognitive, social, emotional factors. Cognitive factors are those factors that are related to the ability of the children to accurately recall their experiences and report them effectively through the application of the right communication skills. This is a considerable problem because it can lead to false information (Pantell, and Committee on Psychosocial Aspects of Child and Family Health,2017).

Social and emotional factors come in as a result of social interaction between the child and the interviewer and the willingness of the children to recall the experience that could be included in the report. These factors affect the capabilities of the eyewitness, and they are also independent of each other. For instance, a child can recall their experience and report it but maybe unwilling to do the same because of the fear that they have about the impact that the report will have on the relationship that they have with the caregiver. The child may also feel ashamed of the experience and therefore become unwilling to disclose any of the allegation (McKenna, 2019). Sometimes the child can fail to recall the experiences effectively to be used in the court proceedings. Cognitive factors are those that affect the children's ability to communicate effectively. These cognitive factors include communication skills and the questioning strategies that are used by the interviewer.

The Best Practice in Regard to Witnessing Preparation When a Child is Involved

Various practices have been put forth by organizations such as UNICEF that gives the best practices in regards to witnessing preparation when the child is involved. Many criminal justice professionals have difficulty in working with children and children also find the experiences of being witnesses and giving statements a challenging task and intimidating. In most cases, the children end up being traumatized and often give poor statements acting as poor Witnesses. These facts are shared among the survivors of sexual abuse and children who have been explored by their relatives or friends of their families. It is these reasons that there are recommendations for best practices in regards to people who are preparing to deal with child Witnesses.

One of them is protecting and safeguarding children's rights as an important task to undertake as a Justice service professional. For vulnerable children, the legal process starts with the investigation. The process of testifying in court can sometimes be a traumatic experience for the children and more upsetting. The stress that comes with the process requires improved standards to help the children participate in the legal process perfectly so that they can give the evidence in seeking the justice that is deserved in the system. In courtrooms, an eyewitness may be seen as a source of information. Therefore, the court needs to access the information most accurately to make a decision well pursuing a conviction for the accused individual. Not all the information given by the witness can be used as support for the information. It is also presented as a key to the successful prosecution. The court has to be convinced that the witness is giving credible information that is believed. For this reason, it is important to have a holistic approach that protects the right of the children leading to the process of obtaining accurate information.

For example, it is important to realize that the home life of a child will affect the quality of evidence that the child gives during her testimony. In case the parents are supporting the child or their understanding of the situation, it becomes difficult. The child is likely to be confident as opposed to a situation where children feel threatened by relatives or parents. The initial police interview may also have an impact on the statements that are given. If the officer taking the interview had given the initial statement, it might affect the information obtained in the second time if the officer is not trained. The quality of evidence is that it is given by the child depends on several factors. One is the cognitive ability and the language perception of the child. The personnel who is involved in the process is also a factor and therefore, should be trained enough to allow the child to give the right information. Rules and regulations also affect it is important for the interview at wonder stand that they cannot place themselves in the child position and cannot own the perspectives as well.

An instance is when the children do not have the capability of thinking logically, and therefore they cannot focus on a specific problem An example is 1990 after the passage of the victim of child abuse act that modified the protection of the victim and the witness. The primary goal of these jurisdictions is to reduce the trauma of child victims and witnesses that they come into contact with during the criminal justice procedure (McKenna, 2019). Despite the criminal justice and federal statue giving guidelines for substantial protection for the children, the majority of them have remained victims or witnesses for different crimes where they are needed to perform or to give life testimonies.

Other cases have been settled through live recordings and videotape testimonies. In order to protect the rights of children, the 2005 attorney general's report gave room for the appointment of a guardian who protects the interest of the child. Some States expand provisions by offering children the opportunity to involve their guidance when they witnessed violence. Violence in the homes that are directed towards the child has formed a subsequent proportion of cases in the courts that are involving children. The national child abuse reported 3.4 million g that have reported unique instances of domestic abuse. The number of cases where children also testify unknown and the percentage of children in court is also highly valuable.

What Defence Lawyers Look For in Terms Of Weaknesses in Conducting Forensic Interviews

Forensic interviews are based on multiple players and can lead to long hours with multiple players into the case. Defence lawyers can, therefore, look for weaknesses during the conduction of forensic interview such as the lawyer's ability to force the child to admit two statements that are not true. Defence lawyers could also accuse the conductors of forensic interview of spending too much time with the child, thereby confusing the child to admitting the case is presented before the court. The interviewer could also be accused of asking penetrating questions which leads to the building of admission of fraud. A forensic interview that is properly conducted can turn into an information source obtained illegally.

There is always a fine line between pushing the subject to deal with internal conflict and maintaining a rapper with a child. The children are also not given could be offered at the wrong place and at the wrong time. Before conducting an interview, it is important to give documentation and to rightfully prepare the questions given. A defence lawyer could look for a witness in the questions conducted if they were not well searched or framed in a way that the child can understand. Forensic interviews usually involve people interacting where one person asks the question well as the other contemplates on what has been asked. Should be given rangoli and in these cases, a forensic lawyer should look for attempt evidence from the child so that the information is not misinterpreted or taken out of context by the court or by the interviewer.

How the Questions Asked During the Forensic Interview Can Be Cross-Examined on the Stand

Cross-examination allows the defence attorney to further examine the testimonies provided during the examination. Many attorneys use this process as an opportunity for the lawyers to testify through the witness. There are ways in which the forensic interview can be cross-examined on the stand so that the questions asked can be tested for validity. The most common tactics include giving rapid-fire questions to the child as required, as well as giving using the best friend approach.

The other methodology is demanding a "yes or no" answer for questions that may need further explanation so as to determine the most effective answer given by the child. A sample cross-examination question includes asking the child whether the disclosure involves contact of any sexual nature before he or she was interviewed. In courts, cross-examination by which lawyers use to get information from witnesses and the information that the witness offers during the testimony. The lawyer asked Witnesses questions in relation to the case that is on trial. These Tactics can be used during the forensic interview and therefore cross-examining the questions of the stand can show whether the right processes used or not.

How to Advocate for the Needs of a Child Witness Within the Court System

As a child advocate, a paediatrician can sometimes encourage parents and guidance to obtain child witnesses and give all the necessary accommodations or services within the court. There are several comforts to the child under federal and state law where the child should be given comfort and exclusion of press or unnecessary questioning by the people. The child should also be protected from sensitive questions that they are not willing to answer, especially in the courtroom (Thompson, 2019). When there is a suspected case of sexual abuse to a child, various professionals recommend the use of multiple interviews by the same person because the additional information given may make it easier to improve the decision-making procedure.

Multiple interviews also increase perpetrator convictions. Sexually abused children can sometimes have a problem disclosing the abuse that took place towards them despite children having the history used during the diagnostic evaluation leading to the conviction of the perpetrator. Child sexual abuse accommodation syndrome is...