What advice would you give to a defence lawyer who needed to question, and discredit, a child witness who was testifying against the defendant?

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What advice would you give to a defence lawyer who needed to question, and discredit, a child witness who was testifying against the defendant?

 

‘The cross-examination of a child is probably the most challenging courtroom situation a criminal lawyer faces’, and accordingly should be handled ‘very cautiously’, Thompson (1993). I would strongly advise lawyers to follow the Memorandum published by the Home Office, as no jury will tolerate the examiner attacking the witness or breeching the guidelines. Instead, I would advise the lawyer to use clever psychological interviewing techniques to discredit the child's testimony. Children are called to testify for many reasons and on numerous occasions, however many judges still find it difficult to assess the credibility of a child witness, without any other evidence. There have been numerous investigations into children’s credibility and the effects of interviewing practices on their reports; primarily due to the impetus created by previous major cases (Krackow and Lynn 2003).  Historically, psychological research is partly to blame for children being considered as unreliable witnesses, Freud disregarded many reports of childhood abuse, Smith, Cowie and Blades, 2003).

Initially the lawyer should scrutinize all evidence, specifically initial interviews. Lying is a distinct possibility, as children do not understand the implications and consequences that their lies may have. It is important to also check for evidence of interviewers exploiting children's suggestibility through coercive interviewing techniques. This is also to check strict guidelines have been followed as testimony can be rejected if this is the case. ‘Bad interviewing practices are widespread’, as even what are perceived as supportive statements such as ‘don’t be afraid to tell’ are influential, Ceci and Bruck (1995).

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The lawyer should think about the source of the information, as input could have come from parents, peers or the television, especially if the child seems to comprehend or discuss complex concepts. Ceci et al (1994) showed that by implanting information into children's memory it is possible to make them believe that elaborated events actually happened. In addition, the lawyer should investigate the child has been given training or is using rehearsal or repetition schemes and act accordingly to override these.

The lawyer should then highlight to the judge some of the various problems with children's memory. ...

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