A witness comes to court to answer questions from the defense and prosecutor. When a child is called as a witness in trial, the rules change. Children witnessing a crime can be a horrific experience for him or her, especially if the child is also a victim. Some are able to children cope. However, most are overwhelmed by the legal system.
Defense attorneys should be careful when cross-examining a child witness. A child's competence and credibility is very reliant on how the attorney approaches the situation. In addition, there are a different set of rules and rights for child witnesses. A reputable defense lawyer can foster trust and real communication with a child witness.
If you have a case where a child witness is called, it is recommended to contact an experienced criminal defense attorney who is familiar with cross-examining children.
Some children have unrealistic fears about being punished when they are called to the stand. A child may be traumatized, confused, or unable to trust an attorney when they are called as a witness. Experienced defense attorneys should be prepared and able to create a real dialogue with child witnesses.
A person, who is expecting a child witness in their case, should consider gaining legal representation. Susanne Gustin at Susanne Gustin Attorney at Law is a reputable criminal defense attorney, with a history of cross-examining child witnesses. She wants to do all she can to obtain the best result for her client's case.
Susanne Gustin understands that respect and care can raise the credibility of a child witness. She knows how to gain a child witness's trust, and what to say to get the information to assist your case. Susanne Gustin has been prominent in the legal community. She has been admitted into several respected law associations such as the American Inns of Court, and the Top 100 National Trial Lawyers of Utah.
Susanne Gustin Attorney at Law cross-examines child witnesses throughout the 3rd Judicial District Court of Utah including surrounding cities including West Valley City, Riverton, West Jordan, Midvale, Provo, Salt Lake City, Farmington, and Tooele.
Call (801) 243-2814 or simply submit an online contact form for your free consultation today.
Overview for Child Witnesses as Victims in Utah
Unfortunately, children commonly witness to crimes or victims of a crime. This means child witnesses are often necessary to call upon in court. However, in the legal community, the reliability of child witnesses has been called into question.
An attorney may tell you that a child witness is hardly ever credible. This is not always the case. Children are developing, so memory and credibility can be trying. However, children often have vivid memories when in the face of trauma. If a child is treated correctly, he or she can give you the information you are looking for.
A child witness competency is measured based on his or her:
The American Academy of Pediatrics released a study by Robert H. Pantell, which details the credibility of a child in the courtroom. The following are some factors, from that study, that test the trustworthiness of children on the stand.
These factors may make it a problem when a child is called as a witness. However, a seasoned criminal defense attorney can use these elements to their advantage. With the correct behavior, questions, and demeanor, a defense attorney can obtain the information they need.
Additionally, children have the leverage of sympathy from the jury. Experienced criminal defense attorneys can also utilize this for their case. A child witness may be consoled during cross-examination, or show emotion during questioning. Either of these can result in obtaining the wanted testimony and the favor of the judge and jury.
Utah legislature passed the Victim's Bill of Rights in 1987 and constitutional legislation in 1994 to ensure all victims and witnesses of a crime, especially children, are treated with courtesy and sensitivity.
The following are the rights of victims and witnesses in Utah.
Children witnesses and victims have additional rights. The following are the rights to child witnesses and victims.
In some cases, a child will be asked to participate in a taped interview. A child may not be in court at all, but their testimony will instead be videotaped off-location or nearby.
If a child is unable to testify in court, they may be interviewed by closed-circuit television. A child also may be taken to a room outside the courtroom and televised by way of 2-way closed-circuit television. When a child's testimony is televised, only certain people are allowed in the room. These people include:
A child witness is one of the most difficult things to manage as a defense attorney. Children have very specific rules surrounding their questioning and often are overwhelmed by the process. A knowledgeable criminal defense attorney knows the skills and tricks to obtain the wanted testimony.
Susanne Gustin is familiar with child victims and witnesses. She understands what to do to make a child comfortable, gain their trust, and get the information she needs. The following are some tactics Ms. Gustin uses to cross-examine a child witness or victim.
Measuring Up? – Visit a document by the Nuffield Foundation, a non-profit organization that fund research, analysis, and student programs to promote understanding of the social and economic factors that affect their life. See the good practice guidance in managing young witness cases and questioning children by Joyce Plotnikoff and Richard Woolfson.
Utah Victim's Rights Laws – See Utah's Constitution and the Victim's Bill of Rights concerning child witnesses. See the legal language surrounding victims and what they are automatically granted in court. Read the specifics on alternatives live-testimony for children, what additional rights they have, and reasons why a child may be excused from court.
Child witnesses can be tricky for attorneys to manage in court. Many experts consider them to unreliable, or factors that can ruin a person's defense. However, if handled properly, a child witness can be a valuable asset for your case. Find an attorney who is skilled at cross-examining children with Susanne Gustin Attorney at Law.
Susanne Gustin Attorney at Law defends clients throughout the greater Salt Lake City area. Susanne Gustin is a dedicated criminal defense attorney who has been practicing in Utah for nearly a quarter of a century. She is well-versed in cases involving child witnesses. Over the years, Ms. Gustin has created many successful tactics to approaching young witnesses. She wants to do everything in her power to protect your rights.
Susanne Gustin is respected among her legal peers by obtaining the highest AV rating by Martindale-Hubbell. The Martindale-Hubbell rating is recognition of a lawyer's legal excellence and high ethical standards by their professional colleagues. Get legal representation that is prepared for anything that is thrown at them. Find that with Susanne Gustin at Susanne Gustin Attorney at Law.
Susanne Gustin Attorney at Law practices defense throughout the greater Davis County and Lake County area, and surrounding counties Tooele in Tooele County, Provo in Utah County, Salt Lake City in Salt Lake County, Coalville in Summit County, and Farmington in Davis County.
Call (801) 243-2814 and schedule a free consultation regarding your case today.
This article was last updated by Jordan Anderson, on July 30th, 2018.