NCJ Number
112376
Journal
Washington University Law Quarterly Volume: 63 Issue: 4 Dated: (1985) Pages: 815-829
Date Published
1985
Length
15 pages
Annotation
Courts in child sexual abuse cases struggle with the conflict between the need to admit critical testimony from the child victim-witness and the desire for competent and reliable testimony.
Abstract
While Federal courts cannot automatically exclude children on competency grounds, State courts generally leave evaluation of witness competency to the discretion of the trial judge, who conducts a voir dire examination focusing on the child's ability to distinguish between truth and lying and to understand the consequences of lying. Some jurisdictions set a minimum age for a finding of competency, while others require corroboration. A review of behavioral studies indicates that children are good observers and that 4-year-olds show almost adult-level recognition memory performance. However, developmental factors may affect how and what events are remembered, and children may be susceptible to the use of leading questions. These findings suggest that current competency requirements and corroboration rules may prevent the admission of highly reliable and relevant testimony. States with special competency rules for children should incorporate behavioral data on the capabilities of children. 84 footnotes.