Reliability of Child Witness Testimony in Criminal Cases: Issues and Examples

The Reliability of Child Witness Testimony in Criminal Cases

Child witness testimony can be crucial in determining guilt or innocence in criminal cases, especially in cases involving sexual offenses. However, there are concerns about the reliability of child witness testimony, as children may have difficulty accurately recalling events or may be influenced by leading questions.

Types of Criminal Cases Where a Child Witness Might Testify

Child witnesses may be called to testify in a range of criminal cases, including sexual assault, physical abuse, and domestic violence cases. In these cases, the child’s testimony can be used to corroborate other evidence or to provide the main evidence upon which the case rests.

Issues Related to the Reliability of Child Testimony in Criminal Cases

Several issues can affect the reliability of child witness testimony, including:

• The age of the child: Younger children may have difficulty accurately recalling events and may be more susceptible to leading questions.
• The type and severity of the alleged offense: Children may be more likely to make inaccurate or inconsistent statements about traumatic events.
• The circumstances of the questioning: Children may be influenced by leading questions from adults or other children.

Can a Child Witness Be Excluded from Testifying?

In some cases, a child witness may be excluded from testifying if they do not have the capacity to understand the nature of the oath or if they are deemed too young to provide reliable testimony. However, in most cases, child testimony is admissible in court.

Children Testifying in Sex Crime Cases

Sex crimes often rely heavily on the testimony of child witnesses, who may be the only witnesses to the alleged offense. However, there are additional concerns about the reliability of child witness testimony in sex crime cases, as children may be subjected to cross-examination about potentially traumatic events.

Examples of Inconsistent Statements in Sex Offense Cases

In some cases, child witnesses may make inconsistent statements about sexual offenses. This can be due to a range of factors, including the child’s age, developmental stage, and the use of leading questions. However, inconsistencies in child testimony may be used by defense attorneys to undermine the credibility of the child witness.

Defenses against a Child's Witness Testimony

Defense attorneys may use a range of strategies to undermine the credibility of child witness testimony, including:

• Challenging the child’s ability to accurately recall events
• Making the child’s testimony seem unreliable or inconsistent
• Questioning the child’s motivation for testifying
• Impeaching the child’s character or credibility

FAQs

Here are some frequently asked questions about child witness testimony in criminal cases:

Can a child witness be coached?

Yes, children can be coached or influenced to some extent. This is why it is important to ask open-ended and non-leading questions when questioning child witnesses.

How can the reliability of child witness testimony be assessed?

The reliability of child witness testimony can be assessed by considering a range of factors, including the child’s age, cognitive ability, the nature and severity of the alleged offense, and the specifics of the questioning.

What happens if a child witness is found to be lying?

If a child witness is found to have lied or given inaccurate testimony, they may be charged with contempt of court or perjury, depending on the circumstances.

Can a child witness testify via video link?

Yes, in some cases, child witnesses may testify via video link to reduce the trauma of appearing in court in person.

Conclusion

Child witness testimony can be a valuable tool in criminal cases, but it is important to consider the potential issues related to the reliability and accuracy of such testimony. As such, careful questioning and consideration of the child’s developmental stage and individual circumstances is necessary to ensure that child witness testimony is as accurate and reliable as possible.

For more information on the reliability of child witness testimony in criminal cases, visit Kolsrud Law Offices.