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Unit 9 Final Essay
Introduction to Psychology
xp3
12/13/2008
Children present a special
challenge when they become participants in the legal system. The special
challenge being that the child’s testimony is inferred to as what it means.
There could be the possibility that the child says something and even a legally
trained listener could take it the wrong way. Young children produce a higher
percentage of accurate and relevant information in a situation in which they are
asked to tell in their own words everything they remember without prompts,
cues, or suggestions (Cunningham & Hurly,
2007).
The first concern with
children witnesses is the accuracy of their testimony. Testifying in court can
be a highly traumatic experience for a child victim of abduction or sexual
exploitation. Repeated questioning, delays in court, testifying in front of the
accused, and other intimidating things can increase the child’s anxiety and
sense of hopelessness. In the last twenty years, due to more aggressive
prosecution of child sexual abuse claims, children testifying in the courtroom
have dramatically increased. The judicial system has developed many procedural
innovations to promote sensitivity to children and to get a higher conviction rate.
Federal and state courts most commonly use three types of shielding procedures:
Screening, video tape, or closed circuit television. The shielding procedure is
controversial because it technically violates the Sixth Amendment confrontation
clause, which provides that in all prosecutions the accused shall enjoy the
right to be confronted with the witness against him (Dye).
The reason that ….