Child and Older Witnesses

Child and Older Witnesses

Introduction

The main goal of this chapter is to review scientific literature relevant to the topic of child witnesses in criminal court. We first briefly outline the series of steps that unfolds for children who become involved in the U.S. criminal court process and describe several methodological issues scientists confront when studying children's reactions to this complex sequence of events. Second, we discuss child witnesses' fears and anxieties, as well as the attitudinal and emotional outcomes that can follow from children's legal involvement. Third, we analyze practices developed to aid child witnesses. Finally, we discuss gaps in the current literature and make recommendations for future research.

Discussion

Children become involved in criminal court typically after witnessing or experiencing unlawful events. For example, witnessing domestic violence, suffering child physical abuse or being kidnapped can bring children into the criminal justice system. However, the most likely reason for children to enter the courtroom doors is because they have allegedly experienced child sexual abuse. Increased interest in children's testimony, especially in cases of child sexual abuse, has resulted in a growing body of research concerning the outcomes for children who testify in criminal court and the procedures that can reduce potential distress and trauma for child witnesses as a result of criminal court involvement (Hall & Sales, 2008; Quas & Goodman, 2008, for reviews).

Some research has focused on children?s reactions to the defendant?s presence in the courtroom (e.g., facing the defendant). Sas et al. (1996), Goodman et al. (1992), and Brannon (1994) all cited “facing the defendant” as one of the primary causes of fear and anxiety to child witnesses. This may be particularly evident in cases in which the defendant is important to the children's lives (e.g., a family member; Quas, Goodman, & Jones, 2003) or when the defendant has threatened the child or has a known history of violence (Goodman et al., 1992). The possibility that the defendant would be declared “not guilty” is also a common fear of child witnesses (Sas et al., 1991; see Spencer & Flin, 1993, for review).

It has also been argued that protective measures such as CCTV can increase the defendant's appearance of guilt (violating the legal presumption of innocence), thereby increasing the risk of a wrongful conviction. Research examining adults? perceptions of children's testimony and trial fairness as a function of confrontational setting (i.e., traditional court setting versus CCTV) has not revealed significant differences in the way jurors? perceive the defendant, the fairness of the trial, or the outcome of the verdict as a function of confrontational setting (Goodman et al., 1998; Lindsay, Ross, Lea, & Carr, 1995; Orcutt et al., 2001; Swim, Borgidia, & McCoy, 1993). However, one negative effect of CCTV concerns the lowered emotional impact of children's testimony (Cashmore, 1992; Davies & Noon, 1991).

Although the impact is lowered even more when children's statements are presented via videotaped interviews compared to via CCTV (Landstrom, 2008), children's testimony still loses some of its emotional impact when delivered via CCTV ...