The interactions between children's developmental capabilities and the courtroom environment

With respect to the importance of the truth telling function in court, current research on children’s appreciation of the significance of an oath, the meaning of truth, lies and promises, is very encouraging for children’s participation in the criminal justice system. [...] Of most significance from the point of view of children’s involvement in the court system, was the abrogation in law of the need for corroboration of unsworn testimony and the negation of the distinction between sworn and unsworn evidence for children under fourteen years of age. [...] Since that case came to light, the public has been exposed through extensive media coverage to the victimization of large groups of children in residential schools and other institutions, the proliferation of child pornography rings on the internet, and the involvement of children in sexual exploitation rings in major Canadian cities (Sas, Hurley, Cunningham & Austin, 1997). [...] The negative experiences are attributed in large measure to reluctance on the part of the judiciary, the prosecuting crown attorneys and most notably the defense lawyers, to handle children in a more sensitive manner. [...] The recent survey of 900 cases of alleged child abuse in Ontario (South-Western Ontario Child Witness Network, 1999) found that the majority of children who testified did so without the benefit of a screen or closed circuit television, and without the benefit of even a support person to accompany them to the stand.