Citation

Williams GA. Med. Law 1998; 17(2): 263-281.

Affiliation

Parkside Health NHS Trust, London, England.

Copyright

(Copyright © 1998, International Centre of Medicine and Law)

DOI

unavailable

PMID

9757740

Abstract

Research has shown that children can be as competent and reliable as adults as eyewitnesses of crime, if questioned in an appropriate manner. However, there is considerable variation between, and within, countries in the way in which child witness evidence is accepted in criminal cases. This article reviews the legal facilities that exist for young witnesses in countries such as the United States, England & Wales, Canada and Australia. Particular emphasis is placed on recent research into the use of video technology by the courts in child abuse cases--namely testimony with a live video link or a pre-recorded interview in place of live, open court evidence. Studies into the use of live link and videotaped interviews have shown that these innovations could help to reduce the trauma of testifying for children and could lead to better quality evidence from the child. However, there is considerable concern among legal and child protection professionals about the relative lack of impact of video testimony when compared with live, in-court testimony. Research has uncovered significant support among legal professionals towards using curtained partitions 'screens' to allow a child witness to testify within the courtroom without allowing the child to see, or be distracted by, the accused. There is also widespread concern about the questioning techniques used in videotaped interviews and with the live link. Future implications for the use of video testimony are also discussed.

Language: en