Wednesday, May 15, 2019
Children as Eyewitnesses Research Paper Example | Topics and Well Written Essays - 7250 words
children as Eyewitnesses - Research Paper ExampleAccording to the research findings the courtyard is the modern day battlefield. As lay persons, much of our experience with court trials is acquired from television shows and movies. While the demonstrable study of law covers so many topics that whitethorn come across as routine and ordinary, much(prenominal) as the law on property and on personal relations, the law that is depicted in primetime media is unceasingly dramatic and suspenseful, and always in the field of criminal law. The climactic scenes would always have to do with the cross-examination of the crucial witness whom the clever lawyer would always get to reveal the truth with some masterful techniques in questioning. Courtroom function has strict rules which lawyers must follow in questioning witnesses. The obvious purpose is so that witnesses give non be tricked or intimidated into providing a misleading answer, and therefore to ensure that the testimony will le ad to the truth. A clean line of questioning is also important in take out the whole truth, and not exclusively a portion of it a good lawyer will apply skill and strategy in tactfully getting the most hostile witness to admit to the truth despite the witnesss efforts to conceal it. Such techniques and procedures are designed for adults, however, and they may not be applicable when the witness to be interrogated is a child. Common knowledge tells us that children are inclined to tell the truth as they perceive it, and do not resort to deceptive manoeuvres that adults are utilize to employing. On the other hand, common observation also tells us that children themselves are easily deceived, that sometimes suggestions by adults or people whom they trust colours their perception of what is true. Under certain circumstances, therefore, it is possible that truthful children may become unreliable witnesses because of circumstances in and out of the courtroom. This study will determin e to what extent childrens testimony as eyewitnesses can be re lied upon, and the precautions taken in legal procedure to ensure the integrity of their testimony. The paper will discuss about important elements in child exploitation and psychology in order to understand better the way children think and act in discordant stages of their development. After that, the general law on the treatment and questioning of eyewitnesses shall be discussed, to establish the common suffice in this legal procedure. After discussing the general approach, the special approach of interrogating a child as an eyewitness will be described and analysed. This will entail a comparison with the general approach and a discussion on the points where they differ. The conclusion shall follow thereafter. 2. Child development and psychology 2.1. Stages of child development Childrens minds function differently during different stages of the childs development. This may well have a kick on the manner by which c hildren of various ages would be expected to act as witnesses. 2.1.1 Cognitive phylogeny Theories Jean Piagets stages of cognitive development teaches that children think differently than adults, in that children play an active purpose in acquiring knowledge by actively seeking out and constructing their understanding of the world. Children are give care scientists who build their hypothesis about how things around them work, and try to interpret things in accordance with their theory, and revising their theory when the new experience does not fit.1 Table 1 Piagets Four Stages of Cognitive Development2 Stage skinny Age Characteristics Sensorimotor Birth to 2 years Infants knowledge of the world is establish on senses and motor skills by the end of the period, uses mental representation. Preoperational thought 2 to 6 years Child learns how to use symbols such as words and numbers to represent aspects of the world but relates to the world only through his or her perspective. Conc rete operational thought 7 years to early adolescence Child understands and applies coherent operators to experiences provided they are focused on the
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