1. Forensic Psychology and the Law A Canadian Perspective
Ronald Roesch, Simon Fraser University
Patricia A. Zapf, City University of New York
Stephen D. Hart, Simon Fraser University
Deborah A. Connolly, Simon Fraser University
PowerPoint Slides revised by
Angela Book, Brock University

2. Chapter 6
Children and the Law

3. Learning Objectives
6.1 Summarize the recent history of children as witnesses.
6.2 Outline the strengths and weaknesses of children as witnesses.
6.3 Outline the recommendations for interviewing child witnesses.
6.4 Explain how courts determine the competence of children as witnesses in criminal court.
6.5 Explain why credibility of children is important and how it is evaluated.
6.6 Explain how Canadian criminal courts accommodate child witnesses.

4. (Recent) History of Child Witnesses
Three significant obstacles when prosecuting based on child witnesses:
Recent Complaint Doctrine (until 1983)
Courts had to be made aware that there are dangers to convict based on uncorroborated evidence
Pervasive attitude that child witnesses are unreliable
In the 1980s, increased research on child witnesses and changes in laws allowing children to be witnesses

5. Children’s Suggestibility
Defined as: “the degree to which encoding, storage, retrieval, and reporting of events can be influenced by a range of social and psychological factors”
Children are susceptible to biases and peer influences

6. Interviews with Children
Core objectives are to identify (a) the occurrence of child maltreatment and (b) whether an allegation is false
Characteristics of a good interview:
Child friendly setting
Supportive environment
Build rapport in a practice interview
Set ground rules ahead of time
Objective and neutral
Avoid use of suggestion
Appropriate question format
Close by thanking the child and have them ask questions

7. Interviews with Children
50% of sexual offence cases involving child victims involve repeated abuse
Repeated victims are seen as less credible because events are spread out over time
Interview needs to be modified
In practice interview, use a nonthreatening event that has occurred repeatedly
Ask about a specific instance of abuse in actual interview

8. Competence of Child Witnesses
Competence refers to whether a witness is allowed to testify in court
Before 2006, child witnesses underwent a competency inquiry
The Truth-Lie Discussion
Abolished in Canada

9. Credibility of Children
Credibility refers to the weighting of testimony in court
Includes two concepts: perceived honesty and cognitive ability
Younger children are seen as more credible
Statement Validity Analysis
Three components: 1) structured interview, 2) criterion-based content analysis (CBCA), 3) validity checklist
Alternative approach to credibility assessment: reality monitoring

10. Testimonial Supports
Meant to lessen traumatic nature of testifying for children
Include testifying via closed circuit television or behind a screen
Criminal Code of Canada allows aids to be used
Judge decides whether use of such aids interferes with court proceedings

11. Testimonial Supports
One major source of stress is facing the accused in the courtroom, which is reduced with the use of testimonial aids
In Canada, the accused doesn’t have the right to face the accuser, so allowing testimonial aids, such as CCTV, does not infringe on the accused’s right to a fair trial
Is the case biased by use of aids?
Children are more accurate and provide more information when testifying via CCTV
Perceptions of accuracy are lower (may reduce likelihood of conviction

12. Testimonial Supports Sources of Stress for Child Witnesses
Facing the accused in the courtroom
Lack of maternal support
Testifying on several occasions
Lack of corroboration
Lengthy cross-examination

13. Child Advocacy Centres
Canada has six Child Advocacy Centres and 19 being developed
Multidisciplinary approach
Law enforcement
Child protection
Prosecution
Mental health support
Advocacy
Forensic Interviewing
Medical Evaluations

14. Summary
Before the 1980s, there were several obstacles in prosecutions relying on child witnesses
In the 1980’s there was an increase in research on child witnesses and changes in the law that allowed children to be witnesses
Children are more susceptible to suggestion than adults, and special interviewing techniques have been developed to avoid use of suggestion

15. Summary
Characteristics of a good interview include having a child friendly/supportive environment, remaining objective, and using open-ended questions (to avoid suggestion)
Children testifying before 2006 had to undergo a “competency inquiry” that decided whether the child was allowed to testify in court
Credibility of child witnesses can be evaluated using the Statement Validity Analysis, CBCA, or Reality Monitoring

16. Summary
Testimonial aids are used for children if deemed appropriate by a judge
testifying via closed-circuit television or behind a screen
Criminal Code of Canada allows aids to be used if the witness is less than 18 years old
Aids do not infringe on the right to a fair trial
Stress on the child witness is reduced when testimonial aids are utilized
children testifying via CCTV are seen as less accurate, possibly reducing the likelihood of conviction
Child Advocacy Centres in Canada have a multidisciplinary approach

17. Web Links
Department of Justice, Canada. (2011). Child and youth victims and witnesses of crime in Canada. Retrieved from information/reports-and-discussion-papers.
Centre for Children and Families in the Justice System:
Child and Youth Advocacy Centres: cae.ca/.

18. Copyright
Copyright © 2013 John Wiley & Sons Canada, Ltd. All rights reserved. Reproduction or translation of this work beyond that permitted by Access Copyright (The Canadian Copyright Licensing Agency) is unlawful. Requests for further information should be addressed to the Permissions Department, John Wiley & Sons Canada, Ltd. The purchaser may make back-up copies for his or her own use only and not for distribution or resale. The author and the publisher assume no responsibility for errors, omissions, or damages caused by the use of these programs or from the use of the information contained herein.