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Child Witness Cases in Criminal Court: A Protocol for Action

NCJ Number
133001
Date Published
1990
Length
63 pages
Annotation
This protocol was developed to assist trial judges in establishing procedures for handling cases involving child victims and witnesses without endangering the constitutional rights of the defendant. The study which resulted in the development of the protocol was conducted in South Carolina, Florida, and Alabama and consisted of a case file review and judicial circuit interviews.
Abstract
The first section of the protocol discusses the role of the trial judge in relation to the overall response of the criminal justice and social service systems for child witness cases. Court preparation of families including the child witness, guardians, parents, and siblings is a critical procedure in the criminal justice process and can be positively affected by non-offending parents and victim advocates. This protocol urges the use of support personnel to provide advocacy and moral and emotional support to victims. Several recommendations are offered regarding competency determinations involving child witnesses, interviewing approaches for young children, procedures and conditions for the use of videotaping and closed circuit TV, and the use of flexible courtroom settings and procedures. Ways to improve the utility of victim impact statements and expert witness testimony in cases involving child victims are outlined. The protocol covers aspects of psychological assessment, hearsay testimony, pretrial conferences, sentencing, and notification regarding correctional status. The final sections deal with press coverage, confrontation by the defendant, and record keeping. 4 appendixes

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