Child Testimony In A Child Abuse Case Term paper
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CHILD TESTIMONY IN A CHILD ABUSE CASE
Child abuse is a serious crime; this is a known fact. However, are children always a reliable source of information? Some experts do not think so. The criminal process of a child abuse case is a critical issue, and in some cases, the testimony of a child should be doubted.
Child abuse generally refers to the mistreatment of a child by a parent or other adult. It includes life threatening physical violence, including severe beatings, burns, and strangulation. It also may involve sexual abuse, emotional abuse, and neglect. The number one cause of child abuse is the parents stress. Many who hurt children may only intend to correct them, but do not realize how easily they can be injured.
Everyone must report suspected child abuse because failure to make a report is a misdemeanor and punishable by up to six months in prison and a five hundred dollar fine. However, in most cases, there is little or no evidence of the abuse or the identity of the abuser other than the child s statements. It must be recognized that false accusations of child abuse are harmful to the child because the accused parent is taken out of their life.
The accusatory process of an abuse parent requires critical examination. It begins with a written statement called an information, filed by the prosecutor. It basically states the charges against the accused individual. In response, the court issues an arrest warrant, takes the accused into custody, and fixes bail, which may be $300-$500.
The first court proceeding brings the accused before the court, and they receive notice of charge and their rights. Between the original court appearance and the time of trial, the defendant may agree to plea bargain and reduce the charge. However, if the defendant elects to deny the charge, they go to trial. The defendant is not required to testify. It has been seen that the criminal process and solution to child abuse can be totally ineffective. It may have some effect on the parent being capable of controlling his/her conduct, but its chief value lies in satisfying the community with the fact that justice has been served.
A lawyer s dilemma involves sticking to his own principles, while not exposing the child to further injury. In most cases, however, it is necessary for the child to be interviewed and possibly testify. A child goes through several stages of interviews. First, someone may interview them close to them, such as a family member, teacher, or friend. Then, a doctor or nurse, then a social worker, then a detective, and finally therapists, court investigators, and lawyers may question them.
It has been discovered that children may be led to make false accusations of abuse. They may not give accurate information unless they are asked specific, leading questions. However, some suggestive leading questions can manipulate young children into believing the interviewer s point of view of the events. Even preschoolers are capable of giving accurate testimony, but they are vulnerable to having their testimony and memories distorted to the point where the truth may never be known.
Several factors affect child testimony. The interviewer, for example, automatically assumes what happens...
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