One common inquiry in the criminal justice system is whether children can provide a dependable eyewitness testimony. This topic has been extensively researched and debated worldwide. This essay will thoroughly examine the subject and determine the reliability of children’s eyewitness testimony, as well as their ability to give such testimony. Firstly, an explanation of eyewitnesses and their testimonies will be provided. Next, the essay will summarize the use of children’s eyewitness testimony in the Australian criminal justice system. Then, evidence will be presented on the reliability of children’s testimony. Following that, concerns about children’s eyewitness testimony and ways to improve its reliability will be discussed. Finally, the essay will argue that children’s eyewitness testimony should be taken into consideration if they are questioned properly and understand the purpose of the inquiry.
To begin with, an eyewitness is someone who directly witnesses an event and can give a firsthand account of it, providing crucial information. An eyewitness testimony can be valuable in a court of law as it offers a perspective from a bystander or victim. However, it is not always reliable. Moving on, this essay will outline how the Australian criminal justice system handles children’s eyewitness testimony. In most Australian jurisdictions, children of a certain age are considered incompetent to give sworn evidence. While the legislation sets a fixed age for this determination, the judge can override it. Children under the age of fourteen are assessed by the judge to determine their understanding of the oath. If they grasp the concept, their testimony is considered as valid as that of an adult. If not, their intelligence and ability to comprehend questions are evaluated. If the child is unable to understand the questions, their testimony is excluded; if they are able to understand and answer correctly, their testimony is accepted. (The Australasian Institute of Judicial Administration Incorporated, 2015).
Next, this essay will address the issues surrounding children’s eyewitness testimony and ways to improve its reliability. The process of questioning a child, the time elapsed since the incident, and the child’s emotional state can all affect the accuracy of their testimony. Similarly, adult and child eyewitness testimonies are both susceptible to the effects of human perception. Stress and shock can distort a person’s senses and lead to false memories, which can result in incorrect information and wrongful convictions. In fact, studies have shown that up to 75% of wrongful convictions in the United States were based on eyewitness testimony. (Reiss, 2008). Factors such as lighting, distance, and other obstructions can also impact the accuracy of an eyewitness account. Moreover, the time taken to give a statement can result in forgotten or altered details, leading to unreliable information. Thus, it is crucial to take into account the child’s age and the circumstances surrounding their testimony. (Flin et al., 1992).
Questioning techniques can also influence the reliability of children’s testimony. Children are more susceptible to suggestion due to their underdeveloped communication skills. This can lead to false memories and incorrect information being provided. Additionally, the court process itself can be intimidating and cause anxiety and depression in children, hindering their ability to provide a reliable testimony. (Almerigogna, Ost, Bull, & Akehurst, 2007). In cases where a child is the only eyewitness, this can be particularly problematic.
Furthermore, this essay will argue that, with proper questioning techniques, children are capable of providing a reliable eyewitness testimony. Research has shown that children have a different way of storing memories, with a higher capacity for accurate recollections compared to adults. This is because children rely more on verbatim memory rather than gist memory, which is more prone to false memories. (National Science Foundation, 2008). This is further supported by studies that have found that meaning-based memories are more likely to result in false memories, particularly in adults. (Brainerd and Reyna, 2012). Therefore, children’s testimonies may be more accurate, as they rely more on verbatim memory than adults do. Moreover, children should be given access to a statement as soon as possible and be accompanied by a guardian during questioning to provide support and increase reliability. It is also important to create a child-friendly environment to minimize anxiety and discomfort, as this can impact the accuracy of their testimony. (Reyna and Brainerd, 2012).
In conclusion, children’s eyewitness testimony should be considered reliable if proper questioning techniques are used. The National Institute of Child Health and Human Development has developed an effective interview style for questioning children, which has been shown to improve the accuracy of their testimonies. (Orbach, Hershkowitz, Esplin, Lamb, & Horowitz, 2007). This includes using open-ended questions and avoiding suggestive prompts. It is essential to ensure that the court process is fair and that children are not given warnings about the unreliability of their testimony. (The Australasian Institute of Judicial Administration Incorporated, 2015). Research has established that children’s
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