Citation

Hobbs SD, Goodman GS. Int. J. Child Maltreat. 2018; 1(1): 77-95.

Copyright

(Copyright © 2018, Holtzbrinck Springer Nature Publishing Group)

DOI

10.1007/s42448-018-0005-z

PMID

unavailable

Abstract

In the United States, the right to confront one's accusers at trial is one of the key components of the adversarial legal process. As a part of this process, defendants are permitted to represent themselves if they decide to do so voluntarily (Faretta v. California 1975). As cross-examination of witnesses is considered essential to the adversarial legal system, child victims can be faced with being personally cross-examined by defendants. In cases involving vulnerable witnesses, such as child abuse victims, there is concern that being cross-examined by the defendant can be highly problematic and create more trauma over and above being cross-examined by a defense attorney. In the United States, there are no laws that explicitly forbid defendants from cross-examining their own victims, and decisions are made on a case-by-case basis. We discuss relevant legal traditions in the United States, laws and procedures followed by other countries that use the adversarial system, current psychological research on cross-examination of child witnesses, the need for further research, and recommendations for ways the United States can protect the rights, well-being, and personal security of vulnerable children.

Language: en

Keywords

Child witness; Cross-examination; Defendant pro se; Self-represented defendant