NCJ Number: 202781
Title: Perspectives From the Commissioner on Alternative Models for Prosecuting Offenders
Author(s): Gillian Calvert
Date Published: May 2003
Page Count: 5
Sponsoring Agency: Australian Institute of Criminology
Sale Source: Australian Institute of Criminology
Document: PDF
Type: Conference Material; Legislation/Policy Analysis
Format: Document (Online)
Language: English
Country: Australia
Annotation: This paper presents the author's views as a Children's Commissioner in Australia regarding how the criminal justice system can be improved to reduce the stress on child victims/witnesses in child sexual assault cases.
Abstract: The criminal justice system must change the way it views child
witnesses and provides mechanisms that reduce the stress involved
in children's testifying. Any changes, however, must be carefully
considered and must be based on evidence of their effectiveness,
which means they not only serve the interests of child victims/witnesses but also maintain the rights of the accused. In
the last two decades in Australia, especially in New South Wales,
there have been significant efforts to better accommodate child
and adolescent victims/witnesses in the criminal justice system.
There are now alternative mechanisms for children to give
evidence, such as closed-circuit TV, so as to minimize the stress
of a formal court process. Rules that previously required judges
to give warnings to juries regarding the uncorroborated evidence of children have been abolished. Cooperation across agencies has reduced duplication in child interviews. In the discussion of alternative models for the management of child sexual abuse
cases, there has been some support for greater specialization in
court processes and structures, including a proposed Child Sexual
Assault Court in New South Wales. The author urges caution in
adopting such an approach. He suggests that priority be given to
cost-effective reforms that can be quickly implemented. These
include giving child sexual assault cases priority in the court
system; allowing all of a child's evidence, including
cross-examination, to be given by alternative means such as
closed-circuit television; and establishing a child witness
service that is separate from the prosecutorial process and
focuses on minimizing the stress on children of court interactions. What is needed most is a change in the court culture, such that criminal justice professionals respond sensitively and realistically to children and youth in the legal system, based on an understanding of their developmental levels and the importance of using procedures that minimize the stress of processing cases and testifying.
Main Term(s): Juvenile victims
Index Term(s): Child Sexual Abuse; Criminal Justice System Response to Victims; Foreign courts; Juvenile witnesses; Models; Prosecution; Victim reactions to the Criminal Justice System; Witness Reactions to the Criminal Justice System
Note: Paper presented at the Child Sexual Abuse: Justice Response or
Alternative Resolution Conference held in Adelaide, Australia,
May 1-2, 2003; Downloaded November 6, 2003.
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