Over the past ten years, more research has been done involving children's testimony than that of all the prior decades combined. The suggestibility of child witnesses, the effects of participation on children's reports, and the effects of postevent information on a prior memory representation must be taken into account when it comes to seeking answers to the reliability of their testimony, especially because sexual abuse and sexual assault cases are a big part of children's testimony and they are often the only witness. Those psychologists who feel that children can be rated as "Highly resistant to suggestion
Questions were asked to Dr. D, majoring in Child and Youth Studies, who has worked professionally with young children for many years both as teacher and school administrator.
Additionally, children are generally very protective of their parents, even those who have been abusive. Meldau believes strongly that there are other ways to learn what a child has seen, heard, or feels than having them testify in a courtroom, particularly when it involves their parent s.
The following questions and her answers give greater insight into the problems and solutions of minor children testifying against their parents. At what age would a child be able to answer questions about their care and the adults who provide that care?
Obviously, a baby or toddler who is just learning to talk would not be able to verbally respond to questions. However, even infants and toddlers will show body language, such as flinching or crying when put in a situation with someone who has inflicted pain.
Observing interactions with the very young is an important way to determine if their caregivers are nurturing or likely abusive. As a child ages, usually around three years, they will be able to verbalize their concerns and observations.
In a healthy environment a child is free to express their concerns while in an abusive or extremely dysfunctional environment a child can be afraid or even be unaware that their situation is detrimental.
If mistreatment is all they have known, a very young child has no comparison. In the case of abuse, it has been proven young children would rather have a hurtful touch than no touch at all. The touch of another human being is essential to life.
As children reach elementary school age through high school they would be able to testify against their parents but there would almost always be consequences. What kind of consequences could come from testifying against a parent s?
If the minor child does not testify, how can the court determine what information he or she might know that could be helpful? There are several ways minor children can be gently and lovingly worked with to gain important information.
In Florida there is a system called Guardian Ad Litem where a specially trained person who works as a court advocate to speak in the best interest of the child can be assigned to work with a minor child.
Minor children, caregivers, and persons directly involved with the children will be talked with. Great care is given to listening and observing the child.
If there is time, another helpful way to work with a child is to have the judge order the family to receive counseling with a family therapist or psychologist. As an expert witness the counselor can then help the judge understand what has or is happening in such a way as not to damage the child-parent relationship.
Sometimes family friends, teachers, or other relatives can testify to what a child has told them, but an experienced Family Law Attorney needs to help them do it in such a way as to keep the parent-child relationship as intact as possible and not betray the trust and confidentiality the child has developed with the adult testifying.
Meldau emphasized that, in her opinion, a minor child should not have to testify against their parent. The parent-child bond is too important and too strong to take any unnecessary chances it will be broken.
Even children whose parent s are incarcerated still want them to be a part of their lives.A divorce case that goes to court can be hard for every member of the family, especially the children.
When is it appropriate for a child to testify in court?In Texas, though there is . Essays, Should Children Be Allowed To Testify In Court? Term Papers, Should Children Be Allowed To Testify In Court?
Research Paper, Book Reports. ESSAYS, term and research papers available for UNLIMITED access. Jul 23, · Children absolutely should be allowed to testify via CCTV. In fact, many states already provide for this where a young child will testify.
I think it's very stressful on a child to testify in a courtroom setting (it's stressful on many adults, imagine how a child feels), and this is even more true where the child is the victim of a crime, such 5/5. Should Children Be Allowed To Testify In Court? Over the past ten years, more research has been done involving children's testimony than that of all the prior decades combined.
Unless a parent has been extremely abusive a child desires to be a part of each parent’s life in a loving and nurturing way.
Additionally, children frequently feel they are part of the reason their parent’s are, for example, getting a divorce or treating them in a way the court deems unfit.
Jul 23, · Children absolutely should be allowed to testify via CCTV. In fact, many states already provide for this where a young child will testify. I think it's very stressful on a child to testify in a courtroom setting (it's stressful on many adults, imagine how a child feels), and this is even more true where the child is the victim of a crime, such 5/5.