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Preparing Children for the Investigative and Judicial Process: Improving Communication, Memory and Emotional Resiliency -- Final Report to the National Center on Child Abuse and Neglect

NCJ Number
156810
Author(s)
K Saywitz; R Nathanson; L Snyder; V Lamphear
Date Published
1993
Length
108 pages
Annotation

Because the investigative and judicial process can increase the stress level of children who are already emotionally vulnerable, the authors recommend a comprehensive, standardized approach to preparing juvenile witnesses based on developmentally sensitive, theoretically driven, and empirically tested techniques.

Abstract

Pretrial delays, numerous interrogations by insensitive authority figures, court rescheduling and continuances, harsh cross-examinations, and multiple court appearances may be particularly stressful for children. Further, the criminal justice process may be derailed by concerns over children's competence, credibility, and emotional stamina. Prosecutors are sometimes reluctant to file charges, judges may dismiss cases, and parents are hesitant to subject their children to the ordeal of testifying. Legal reforms have been proposed to facilitate children's testimony, such as testifying in a separate room, but these reforms have been criticized as violating the rights of the accused. An alternate approach to reducing stress and facilitating testimony without infringing on the rights of adults involves adequate preparation of juvenile witnesses. Innovations designed to enhance memory and communication and to help children resist suggestion are evaluated, and effects of the courtroom environment on children's memory and stress level are discussed. Appendixes contain supporting data and additional information on measures used to reduce children's stress and facilitate their memory. 91 references, 12 tables, and 1 figure