Reliability Of Children's Eyewitness Testimony

This essay will be broken down into two sections, the first section defining eyewitness testimony and how eyewitness testimony can be used in Criminal Justice System, and the second section, which will be explaining the issues of testimonies from children and why children are reliable eyewitnesses.

Eyewitness testimonies are important and necessary for the justice system. Witnesses can be extremely confident in inaccurate memories. Examining the accuracy of eyewitnesses creating events, then collecting reports about what they had witnessed. (Oxford Bibliographies, 2017). The use of eyewitness testimonies is an important development in social science helping to solve problems in the legal system (Oxford Bibliographies, 2017).

Eyewitnesses are used to determining facts surrounding criminal events in the justice system, identifying culprits, recalling conversations as well as remembering other details (G.L Wells, A. Memon, and S.D Penrod, 2006). Witnesses’ versions of events are accepted by police, prosecutors, judges, and juries (G.L Wells, A. Memon and S.D Penrod, 2006).

Where eyewitness testimonies lie in the Criminal Justice System, begins with a police investigation and concludes with a court hearing. The idea is to balance human rights with the accused and establish the truth (N. Bala, Lawnow, 2018).

Juries pay close attention to testimonies and find a trustworthy source of information; however, eyewitness testimonies can be influenced by several psychological factors: Anxiety and stress, reconstructive memory, weapon focus, and leading questions (S.McLeod, 2018).

Without children’s evidence, sexual or physical abuse of children could not be prosecuted. Children may not cope with cruel cross-examination and unique procedures applied to child witnesses (D.Howitt 2015 and Myers 1996, as cited from Introduction to Forensic Psychology). One or both of the following are discovered in some areas: Preparation for court - where youngsters are given professional assistance to comprehend court procedures, to deal with stress and anxiety about the court. As well as children’s hearsay statements – secondhand evidence is usually hearsay (D.Howitt 2015 and Myers 1996, as cited from Introduction to Forensic Psychology).

For centuries, children have been viewed as unreliable witnesses, due to the perception of being prone to fantasy, evidence being inaccurate and children being suggestible (ALRC, 2010). Australian Law Reform Commission stated “firstly children’s powers of observation and memory are less reliable. Secondly, children are prone to a live-in make-believe world, so they magnify incidents that happen to them or invent them. Thirdly details seemingly unrelated to their world and fourthly, immaturity, children are very suggestible and easily influenced by adults and other children.” (ALRC, 2010).

Children receive different forms of abuse such as sexual or physical abuse. Victimized children do not reveal trauma or prolong confession (H. Otgaar and M.L Howe, 2019). When a child goes to court for sexual or physical abuse their testimony is critical for prosecution cases, however, this varies depending on how believable the prosecution believes the child will be. Particularly if there is no forensic evidence and the case depends on the statements of child v. suspects (R. Vitelli, 2012).

From a young age, children are raised in a society with differing types of lies. They understand from ages 2 and up that it is wrong to lie. It is very common for children to not elaborate on any lies, but they will lie to get them out of undesirable consequences (D. Howitt 2015, as cited from Introduction to Forensic Psychology).

Eyewitness testimonies from children can be more reliable than adults, as children rely more on what happened only if they are examined accurately (National Science Foundation, 2008). When interviewing children in court it is best to ask open-ended questions not close-ended questions, so children do not get confused by the questions asked or are not putting themselves in a situation to lie (CARC, 2008). It is best to get an understanding of children before they testify as to what questions to ask, how to ask them and what questions to avoid. Open-ended questions will also help so children can provide courts with the best possible evidence (CARC, 2008).

To have reliable and accurate evidence, authorities should follow a structured method during questioning. The structured questioning uses existing knowledge from the child’s memory, communication, and social abilities (PHF, 2020). Studies have shown, a child can remember what happens around them, it is possible to obtain reliable information from a child, reliability of the child depends on the professionalism of the questioner, and the questioner needs to feed little information as possible (PHF, 2020).

Open-ended questions such as “Tell me what happened”, “And then what happened”, “What else do you remember about that day?” as well as focus questions the basic “Who, What, When, Where and How” are what allows the child the answer with as much information as possible (PHF, 2020).

There are fears about how children are handled in courts. There is a demand for extra training and education for professionals in the justice system, and additional resources to provide services for children witnesses (N. Bala, LawNow, 2018). Ensuring one prosecutor deals with a child, rather than a different prosecutor for each court appearance, the justice system possibly raises a child’s emotional trauma. This could result in memory fading and turn out to be an unreliable witness (N.Bala, LawNow, 2018).

One of the most important factors for children being eyewitnesses to any case is the developmental stages of the child, age, gender, ability to read and write, ability to tell time, and remember events (D. Jefferies, 1991). In ‘Gathering Evidence from a Child Witnesses: A Police Perspective’ David Jefferies discusses the setting and the atmosphere. Explaining that the setting and atmosphere need to be appropriate to make the child comfortable and relaxed, if the child is comfortable and relaxed then the more information the child is more likely to share (D. Jefferies 1991).

In Australian courts, the judge first determines if the child understands the nature of an oath. If the child understands then the evidence is admitted the same as adult’s testimonies, and corroborated (D. Thomson, 1989). In incidences where the child is the sole witness – Domestic Violence or Sexual Abuse, evidence is of critical significance in Criminal Justice System based on the subject matter at the time (D. Thomson, 1989).

In the American case New Jersey State v. Michaels (1993) a preschool teacher, jury convicted Ms. Michaels on115 counts of sexual offenses which involved 20 children (Justia US Law, 1993). Five children were actually in the defendant’s class. The five children gave their testimonies in the judges’ chambers. The testimonies were investigated, and the children were cross-examined, it was discovered the children would testify if the defendant was not in the room (Justia US Law, 1993). The judge decided instead of putting them through the trauma and causing them more grief he would just read the transcripts in court. Ms. Michaels was sentenced to forty-seven years in prison with fourteen years of parole ineligibility and $2,875 in fines payable to the Violent Crimes Compensation Board (Justia US Law, 1993).

Children can recall events accurately, time and ages dos not necessarily disrupt a child’s memory, despite forgetting that might occur (C. Peterson, 2007). Carole Peterson 2007, states in her article ‘Reliability of Child Witnesses: A Decade of Research’ that children can recall up to 80% of information if they were to be interviewed again from previous years. Children can recall the major components of what happened and accurately report it (C. Peterson 2007). She also explains that errors happen and facts of events might be described a little bit differently for example when asking a preschooler a question it might be a problem as they have no sense of time, so they do not know when it happened, they do not know the time it happened and they do not know the sequence it happened in but they know it happened (C. Peterson, 2007).

Children who are questioned about events and are placed under emotional distress have a good long-term memory recall. Children from 2.5 years old can provide information that is considered forensically reliable (C. Peterson, 2007).

Given all the empirical evidence, Children can be a reliable eyewitness testimony it depends on the circumstances of the situation. Children are taught from a young age to not lie. If the child is placed in a stressful situation, they have an 80% chance of remembering the major details of the events if only the questions they are being asked are the correct questions like the main focus questions “Who, What, When and How” and open-ended questions like “Tell me what happened?”, “And then what happened?”, “ What else do you remember from that day?”.

If the children are reinforced, that what they are doing is the right thing and the predator or the person committing the wrongdoing is going to never do them again and the interviewer asks the correct questions, the setting and atmosphere are satisfactory by the child they are more likely inclined to remember every accurate detail. Children are more enticed to not tell the truth if the wrongdoer is in the room with them or if their partners are there. Using props such as dolls or toys to help how the interviewer that they were touched here to make them feel more relaxed.