Criminal Law Paper Bello .
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Criminal Law Research Paper
Alex Bello
Arizona State University
Professor Gregory Griggs
CRJ 321 – Imperatives of Proof
July 29th, 2021
Criminal Law Paper Bello .
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Abstract
Just like any witness, children witnesses are important and make up a large amount in criminal
courts. There is so much controversy with the laws and rules that are in place for children
witnesses and unfortunately there have been many overturned convictions due to this. What
are the outcomes for the children with the witness topic being so wide in maturity and
knowledge, are they heard? This research paper will discuss the many approaches to children
witnesses and support why children should not have to attend in person trials and testify.
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Children Witnesses
Children witnesses, those under 18 and presumed competent, are an essential part of
the criminal world, especially when it comes to crimes against children. However, with their
immaturity, child witnesses are sometimes more heavily scrutinized than adult witnesses
before being allowed to testify in court. But without the victim’s statement, power to come
forward, evidence, and testimony, how would we expect to put the guilty behind bars. An adult
can fold under pressure, so it is safe to assume that children will as well. Children should not be
subjected to in-person trials.
Children began being witnesses in 1895 when the Supreme Court allowed a 5.5-year-old
to appear as a witness. It is now estimated that over 100,000 children appear in court every
year. This number is due to children witnessing more crimes and the growing rate of crimes
against children. Since 1982, over 62 recommended reforms to the laws and guidance about
children witnesses; however, according to the American Bar Association, “children remain
unheard and re-victimized in criminal and delinquency courts.”
There have been multiple accommodations developed for children that have to appear
in court, and they range from comforting objects to being accompanied by a support person
while testifying. However, these accommodations are being challenged legally, claiming that
some concessions, like having a screen between the child witness and the defendant, violate
the sixth amendment’s confrontation clause. Thankfully in 1990, in the case Maryland v Craig,
the U.S. Supreme Court ruled 5-4 that closed-circuit televised testimony was acceptable when
there is a case-specific finding of necessity. (Maryland v. Craig, 1990)
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The increase of children witnesses has caused a more significant need for victims’
agencies, precisely like CAST (Child Abuse Service Team) in Orange County California. CAST
began in 1989 as a multi-disciplinary team for conducting child sexual abuse investigations at a
single site. They coordinate services like social services, law enforcement, deputy district
attorneys, medical provides, and therapists to collaborate on investigations. Due to this, the
investigations are completed in a better time manner and more thorough. CAST is very child-
focused and friendly and helps reduce the trauma for children. The nonoffending parents also
receive support. An essential aspect of agencies like CAST is assisting children in getting ready
for trial if their case goes.
A difficult part of children witnesses is that age is not a set factor of if they will testify or
