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Video-recorded Evidence

NCJ Number
222119
Author(s)
Alison Cunningham M.A.; Pamela Hurley M.Ed.
Date Published
2007
Length
22 pages
Annotation
The intent of this handbook is to describe and discuss the recording of a child’s statement to police or child protection official on videotape or in a digital format and aid frontline justice professionals who use special accommodations and testimonial aids for young witnesses in criminal proceedings.
Abstract
A recording accommodation is available when a child’s statement to police and/or a child protection official is recorded on videotape or in a digital manner as on a DVD. Certain criteria must be met including that the child must testify that the statement represents the truth and be available for cross-examination. With access to video-recorded statements, a court can receive evidence that might otherwise be unavailable. The period between an offense and the trial date is often lengthy. In preparing to interview children, the following areas must be addressed and included in the investigative interview: interview facility, equipment, general guidance for interviewers, introductory phase, a building of rapport, and to carefully think through each question prior to asking it. The criteria for the use of a child’s video-recorded statement include: the witness was under age 18 at the time of the alleged offense; the witness describes the acts complained of during the interview; the recording was made a reasonable time after the alleged offense; and the witness adopts the contents while testifying and is available for cross-examination. The other six handbooks in this series on using special accommodations and testimonial aids to facilitate the testimony of children are entitled: Overview of Issues Related to Child Testimony, Testimony Outside the Courtroom, Witness Screens, Designated Support Person, Hearsay Evidence and Children, and Children and Teenagers Testifying in Domestic Violence Cases. Figures and list of suggested readings