Scribd Logo
Upload

Welcome to Scribd!

  • Child Witness

    Uploaded by

    Luriza Samayla
    83 views12 pages
    The document outlines the procedures for child witnesses in court, including who can examine a child's competency, the use of a facilitator to question the child, testimonial aids that can help the child testify, prohibitions on intimidating the child, and ensuring the physical safety of the child. It also discusses that children can perform well when questioned fairly and without confusing tactics, as surveys have shown children have long-term memory of specific past events.

    Original Description:

    Original Title

    CHILD WITNESS PPT

    Copyright

    © © All Rights Reserved

    Available Formats

    PPT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The document outlines the procedures for child witnesses in court, including who can examine a child's competency, the use of a facilitator to question the child, testimonial aids that can help the child testify, prohibitions on intimidating the child, and ensuring the physical safety of the child. It also discusses that children can perform well when questioned fairly and without confusing tactics, as surveys have shown children have long-term memory of specific past events.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as ppt, pdf, or txt
    83 views12 pages

    Child Witness

    Uploaded by

    Luriza Samayla
    The document outlines the procedures for child witnesses in court, including who can examine a child's competency, the use of a facilitator to question the child, testimonial aids that can help the child testify, prohibitions on intimidating the child, and ensuring the physical safety of the child. It also discusses that children can perform well when questioned fairly and without confusing tactics, as surveys have shown children have long-term memory of specific past events.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as ppt, pdf, or txt
    of 12

    CHILD WITNESS

    WHO?
     any person who at the time of giving
    testimony is below 18 years old.

     has the ability to:


    1.perceive;
    2.remember;
    3.communicate;
    4.distinguish truth from falsehood; or
    5.appreciate the duty to tell the truth in court
    PERSONS ALLOWED TO EXAMINE
    THE CHILD'S COMPETENCY
    1. Judge and necessary court personnel;
    2. Counsel for the parties;
    3. Guardian ad litem;
    4. One or more support persons for the child;
    5. Defendant
    - unless, the court determines that
    competence evaluation can be determined
    in his absence.
    FACILITATOR
    determines that the child is unable to
    understand or respond to questions asked.

    May be a:
    1. child psychologist;
    2. psychiatrist;
    3. social worker;
    4. guidance counselor;
    5. teacher;
    6. religious leader;
    7. parent; or
    8. relative.
    Through whom, the respective counsels
    for the parties may only pose questions to
    the child.

    must have taken oath or affirmation to


    pose questions to the child.
    TESTIMONIAL AIDS

    1. dolls;
    2. anatomically-correct dolls;
    3. puppets;
    4. drawings;
    5. mannequins; or
    6. any other appropriate demonstrative
    device to assist the child in his testimony.
    PROHIBITIONS
    • Prohibition of a counsel from approaching
    a child if the child is fearful of or
    intimidated by the counsel.

    • Prohibition of any person, including the


    accused, whose presence or conduct
    causes fear to the child.
    WHERE? HOW?
    • In chambers;

    • Some comfortable place other than the


    courtroom;

    • Room other than the courtroom;

    • Live-link television;
    MOTION OF QUESTIONING

    must facilitate the ascertainment of truth


    questions are stated in a form appropriate
    to the developmental level of the child
    must not harrass or embarrass the child
    must avoid waste of time.
    PHYSICAL SAFETY OF THE
    CHILD
    A child has a right at any court proceeding
    not to testify on information that could
    endanger his physical safety or his family,
    except if it is in the interest of justice.
    Children perfom just as well as adults, when
    the questions asked are fair. And tactics
    intending to confuse the child are not
    used.

    Survey shows that children have a long-term


    memory of specific past events.
    PI PRODUCTIONS

    You might also like