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Chapter Ten. Investigative Interviewing in the Courtroom: Child Witnesses under Cross-Examination
Rachel Zajac
Extract
Concern has long been raised regarding children's ability to testify competently in what is essentially a legal system designed for adults. Historically, this controversy has centred on whether or not children possess the ability to recall and recount their past experiences accurately. It is now well documented, however, that the reliability of children's eyewitness testimony has more to do with the interviewer and interview conditions than with the individual child. Over the past 30 years, researchers have firmly established the interview conditions under which we can obtain the most complete and accurate accounts from children and, conversely, the conditions that promote inaccuracy (see Ceci & Bruck, 1993 ; Warren & McGough, 1996 ; Bruck & Ceci, 1999 , for reviews). In line with these research findings, numerous countries have adopted strict guidelines for interviewers who elicit children's eyewitness reports (e.g., Achieving Best Evidence in Criminal Proceedings: Guidance for Vulnerable or Intimidated Witnesses, Including Children; Home Office, 2002 ). In addition, many countries have reformed the law pertaining to child witnesses, allowing them to avoid aspects of the adversarial trial procedure that may impair their testimony. For example, videotaped evidential interviews, conducted by trained interviewers shortly after an allegation is made, can often be played ... log in or subscribe to read full text
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