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| Child Witnesses |
All witnesses who testify in court must be competent or able to testify at trial. In general, a witness is assumed to be competent. This presumption applies to child witnesses. However, some states have an age requirement for a child witness. Children may be called upon to testify in child custody cases or in sexual abuse or neglect cases.
Competency and Credibility of Child Witnesses
In order to be a competent witness, a child has to have sufficient intelligence. The child has to be able to remember and describe events and must understand the difference between the truth and a lie. Even very young children can be competent witnesses. Various factors affect the reliability or a child's testimony. The adult who is questioning the child can influence a child, and children often mix reality with fantasy. The judge makes the final decision about the competency of a child witness and a psychological evaluation may be ordered to assess the credibility of the child witness.
Exclusion of Witnesses
The general rule is that a witness has to remain outside the courtroom when he or she is not testifying. The purpose of the rule is to prevent witnesses from changing their testimony based on what other witnesses have said at trial. The rule may be relaxed in the case of a child witness. The judge can permit a parent or therapist to accompany the child into the courtroom and remain there during the child's testimony.
Protection of Child Witnesses
Special laws have been adopted in some states for the protection of child witnesses. For example, a child might be allowed to testify through closed-circuit television so that he or she would not have to be in the same room with the person who had abused the child. Also, a child's videotaped deposition could be introduced in evidence instead of requiring the child to testify in court. The judge has the discretion to relax various courtroom formalities and to exclude the public from the courtroom while the child testifies.
Questioning of Child Witnesses
Leading questions (questions that suggest the answer) are not typically allowed on direct examination of a witness. However, the judge will sometimes allow leading questions if a child is the witness. Anatomical dolls and other aids can be used to help the child testify on the witness stand.
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