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Testimony of Child Witnesses: Fact, Fantasy, and the Influence of Pretrial Interviews

NCJ Number
113725
Journal
Washington Law Review Volume: 62 Issue: 4 Dated: (October 1987) Pages: 705-721
Author(s)
J R Christiansen
Date Published
1987
Length
17 pages
Annotation
In testimony of child witnesses in child sexual abuse cases, a conflict may exist between the need to obtain information from young children and the American legal system's fundamental principle that admissible evidence must be demonstrably reliable.
Abstract
Procedures used to interview child witnesses can be the sources of falsehood as well as truth. It is important to subject pretrial interview and preparation procedures to scrutiny by judges and juries. If they are to assess accurately the procedures used to interview child witnesses, judges and lawyers must learn about child development and the operation of memory in young children. They must carefully assess the children brought before them to determine if the children's memories have been falsified by coaxing or a feeling of discomfort. An independent legal review of interview procedures can help to balance the need to obtain information from reluctant and shy young children. 48 footnotes.