TY - JOUR PY - 2018// TI - Self-representation: pro se cross-examination and revisiting trauma upon child witnesses JO - International journal on child maltreatment : research, policy and practice A1 - Hobbs, Sue D. A1 - Goodman, Gail S. SP - 77 EP - 95 VL - 1 IS - 1 N2 - 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
LA - en SN - 2524-5236 UR - http://dx.doi.org/10.1007/s42448-018-0005-z ID - ref1 ER -