Podcast
Questions and Answers
What is the primary aim of cross-examination during a trial involving a child witness?
What is the primary aim of cross-examination during a trial involving a child witness?
- To simplify the child's understanding of legal terms
- To ensure that the child feels comfortable speaking
- To discredit the child's testimony (correct)
- To provide emotional support to the child
What is a common challenge faced during cross-examinations of child witnesses?
What is a common challenge faced during cross-examinations of child witnesses?
- Questions can be leading and complex (correct)
- Questions are typically straightforward and easy to answer
- The child is often shielded from the opposing lawyer
- Judges often intervene to protect the child
What should be avoided during the cross-examination of a child to maintain their credibility?
What should be avoided during the cross-examination of a child to maintain their credibility?
- Asking simple yes or no questions
- Using complex and confusing questions (correct)
- Limiting the time for questions
- Creating a rapport with the child
In the courtroom environment, what feature aids in isolating the child's testimony?
In the courtroom environment, what feature aids in isolating the child's testimony?
What factor is essential in the courtroom environment for maintaining a formal setting?
What factor is essential in the courtroom environment for maintaining a formal setting?
What is a significant challenge of cross-examination for children during trials?
What is a significant challenge of cross-examination for children during trials?
Which option is NOT one of the current methods for children to give evidence in sexual abuse trials?
Which option is NOT one of the current methods for children to give evidence in sexual abuse trials?
What recent change has occurred regarding jury instructions in child testimony cases?
What recent change has occurred regarding jury instructions in child testimony cases?
What is the status of the cross-examination process in child trials?
What is the status of the cross-examination process in child trials?
What ongoing efforts are being made regarding the cross-examination process for children?
What ongoing efforts are being made regarding the cross-examination process for children?
What type of legal system is used to hear criminal cases in New Zealand?
What type of legal system is used to hear criminal cases in New Zealand?
Which factor can make children less likely to incriminate in court?
Which factor can make children less likely to incriminate in court?
What is a potential problem for child witnesses in court stemming from their background?
What is a potential problem for child witnesses in court stemming from their background?
What is a significant challenge faced by child witnesses when being cross-examined?
What is a significant challenge faced by child witnesses when being cross-examined?
What is NOT a competency requirement for child witnesses in New Zealand?
What is NOT a competency requirement for child witnesses in New Zealand?
Which factor is likely to increase the effects on a child witness during trial?
Which factor is likely to increase the effects on a child witness during trial?
How does courtroom environment affect child witnesses?
How does courtroom environment affect child witnesses?
What might hinder a child's ability to remember events during a trial?
What might hinder a child's ability to remember events during a trial?
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Study Notes
Cross-Examination in Child Witness Testimony
- Most children modify at least one element of their testimony during legal proceedings.
- Cross-examination-style questioning can negatively impact the accuracy of children's testimonies in a controlled lab environment.
- Current options for children giving evidence in sexual abuse trials include:
- Testifying in the courtroom, shielded by a screen from the accused.
- Using CCTV from a separate room in the courthouse.
- Providing pre-recorded videotaped testimony.
- Judges no longer inform juries that children are susceptible to factual distortion.
Current Situation of Cross-Examination
- Systemic imperfections exist in handling child testimonies, with live cross-examination still prevalent.
- Proposed reforms aim to enhance the cross-examination process.
Courtroom Environment
- Courtrooms often consist of a large group of strangers, which can create a daunting atmosphere for child witnesses.
- Key features of the environment include:
- The judge's elevated position, contributing to a dynamic of authority.
- Witness isolation in a designated box.
- Formal attire enhances the seriousness of proceedings and may intimidate child witnesses.
Nature of Cross-Examination
- Child witnesses face questioning by opposing counsel, primarily aimed at undermining the credibility of their testimonies.
- Common cross-examination techniques are often described as:
- Leading, complex, and confusing questions.
- Challenging to the child's credibility, with tactics resembling psychological manipulation.
Challenges Faced by Child Witnesses
- Lack of legal knowledge, including vocabulary and procedure, complicates children's ability to testify effectively.
- Confronting the accused can deter children from making incriminating statements, with intimidation factors increasing under threatening circumstances.
- The courtroom environment can exacerbate these challenges, resulting in additional stress for child witnesses.
Overview of the New Zealand Legal System
- New Zealand employs an adversarial legal system in criminal cases, including protocols for direct examination, cross-examination, and re-examination.
- There is no specified lower age limit for testifying, nor are there corroboration laws required for child witnesses, impacting the overall competency requirements.
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