Children as Vulnerable Witnesses - Essay Example

Children as Vulnerable Witnesses Introduction Providing evidence in a courtroom can be a hard task or even a torturous experience for many people. Several factors contribute to the physical discomfort experienced by a witness. These include the unfamiliar environment, the manner in which the legal process is carried out and the disputative and hostile nature of trials. It is virtually impossible for some people to undergo such difficult processes due to the nature of the case, their age and cultural backgrounds. Such individuals are referred to as vulnerable witnesses because they require special assistance and resources to provide satisfactory evidence (Judicial Studies Board, 2008). When children are required to provide evidence, they are as considered vulnerable witnesses. This essay examines why children are considered vulnerable witnesses when providing evidence in legal proceedings. It is vital to first define the term vulnerable witnesses, in a bid to understand its appropriateness when discussing children who are required to give evidence. Section sixteen of the Youth Justice and Criminal Evidence Act 1999, defines vulnerable witnesses as all child witnesses who are under the age of eighteen years. The Act continues to state that witnesses who have physical disabilities or may be suffering from mental disorders or impaired intelligence are also considered vulnerable witnesses as these shortcomings may potentially diminish the quality of evidence (Judd and Peachey, 2013). The court has to take into account whether a witness would like to be considered as a vulnerable witness. This is quite essential especially in cases where a disabled witness would not like to feel intimated (Maffei, 2012). When it comes to children, precautionary measures need to be taken because of their unfledged intellectual ability, which limits their ability to make sound decisions (Smith and Tilney, 2007). As indicated in the introduction, intense legal proceedings or trials can result into traumatic experiences for witnesses. Asking a child witness to recall events that involved perpetration of horrendous crimes would trigger memories, which could be detrimental to the child (Legal Policy Division, 2011). Such cases could involve sexual ordeals where counseling programmes would be required to help the child cope with the situation. Children have fragile minds. It would be considered insensitive for a court to allow such a fragile mind to undergo grilling in a courtroom full of people and the perpetrators of the crime. Therefore, children are rightfully considered vulnerable as their minds are fragile and cannot handle excessive trauma. Children require guidance, as they are less conversant with many legal procedures compared to adults. This means that it is appropriate for the court to consider child witnesses as vulnerable witnesses because they are not fully aware of matters happening around them. Proper guidance provided by their parents, guardians and the court officials should be provided to ensure that the right procedures are followed. Take a case where a twelve-year-old child who is supposed to give evidence on a domestic feud that turned into a homicide (Luchjenbroers and Aldridge, 2008). The child is not aware of the legal proceedings and what is expected of him or her in the courtroom. It would be unfair to treat such a witness in a manner similar to that of an adult witness. The child witness, therefore, should be considered a vulnerable witness. Vulnerable witnesses are offered special preparations before they are allowed to testify. This assists them to cope physical and emotionally with the outcome of the trial. Child witnesses are offered the training, as they require support from their parents, family member or close acquaintances. Children find it easier to cope with certain situations when people who are closely related, provide assistance. This shows that children are indeed vulnerable and without support, they can easily crumble (Crown Prosecution Service, 2011). It is their right to receive the necessary preparations before and after a trial to ensure that they feel comfortable and move on with life. This further supports the need for children to be considered vulnerable witnesses. Pre-trial preparations also assist the vulnerable witnesses in providing complete and accurate evidence. These exercises ensure that the evidence given by the vulnerable witnesses can easily be considered by the court. Child witnesses need this exercise as it helps improve the quality of evidence. When child witnesses make an appearance in court, they are easily frightened and can end up providing inadmissible evidence. Video recorded interviews and live feeds are used during court sessions to limit alterations in the evidence. The court is required to consider if the child witnesses are in a position to give complete, coherent and accurate testimony to ensure a fair trial to the defendant (Aldridge and Luchjenbroers, 2008). Conclusion Children are seen to have difficulties when differentiating between the truth and a lie. This leads to the assumption that the evidence they provided is incompetent, therefore, inadmissible. However, some special cases require that children provide evidence and with the right guidance, the exercise is carried out successfully (Burton, Evans, and Sanders, (2006). Children have fragile minds that can easily be traumatized when subjected to courtroom proceedings (Maffei, 2012). Therefore, there is need to provide the essential and sensitive surrounding that offers the exceptional requirements and predispositions of every child witness in a court complex (Sharp and Ross, 2008). The aggravated emotional agony, physical and mental limitations that children experience compared to adults is enough to prove that they deserve consideration as vulnerable witnesses when faced with legal proceedings. References Aldridge, M., & Luchjenbroers, J. (2008). Vulnerable witnesses and problems of portrayal: A consideration of videotaped police interviews in child rape cases. Journal of English Linguistics, 36(3), 266-284. Berwickshire News (2010, August 25). Witness support volunteers needed. (Berwick upon Tweed, England), 17. Burton, M., Evans, R. and Sanders, A. (2006). Are special measures for vulnerable and intimidated witnesses working? Evidence from the criminal justice agencies. Home Office Online Report, 50-65. Crown Prosecution Service. (2011). Vulnerable and intimidated witnesses: A police service guide, Ministry of Justice, Daily Post (2006, May 9). Vulnerable given mobile phone link to the police; Help for witnesses and violence victims. (Liverpool, England), 14. Judd, T. & Peachey, P. (2013). Vulnerable witnesses to pre-record testimony to avoid trauma in Court. Retrieved October 24, 2013, from http://www.independent.co.uk/news/uk/home-news/vulnerable-witnesses-to-prerecord-testimony-to-avoid-trauma-in-court-8652998.html Judicial Studies Board. (2008). Guidance for District Judges (Magistrates’ Courts), Magistrates and Legal Advisors on Child and other Vulnerable Witnesses. Judicial Studies Board: London Legal Policy Division. (2011). Review of Vulnerable Witness Legislation. Department of Justice: Darwin. Luchjenbroers, J., & Aldridge, M. (2008). ‘Language And Vulnerable Witnesses Across Legal Contexts: Introduction To The Special Issue.’ Journal of English Linguistics, 36(3), 191-194. Maffei, S. (2012). The right to confrontation in Europe absent, anonymous and vulnerable witnesses. Groningen: Europa Law Publishing. Sharp, L., & Ross, M. L. (2008). The vulnerable witnesses (Scotland) Act 2004. Dundee: Dundee University Press. Smith, K., & Tilney, S. (2007). Vulnerable adult and child witnesses. Oxford: Oxford University Press. Read More