Should You Allow Your Child to Testify in Court?

Pros and Cons of Children Giving Testimony

Even if your child isn't the victim of a crime, but a witness, he or she might be compelled to testify in court. This can be extremely difficult because, especially as a witness to a violent crime, it can be difficult for the child to explain what he or she saw without violating certain rules of legal conduct. Hearsay, for example, is not a concept that must children can easily comprehend, and it is more difficult for children to give testimony when objections are constantly voiced by the defense.

Nevertheless, a child may experience feelings of guilt if he or she is now allowed to testify in court about the crime. Later in life, with more experience and a better understanding of the legal process, he or she may regret an inability to give testimony. To avoid this, it is often best to put the child on the stand.

Admissibility

Even if your child wants to testify in court about a crime, he or she might not be eligible based on his or her age or mental development. Children must know the difference between the truth and a lie in order to give testimony, and must be able to recount their experiences without embellishment in a court of law.

According to AACAP.org, a competency hearing may be scheduled to determine if a child can testify in court, which is usually preceded by a psychological evaluation. In addition to competency, a psychiatrist must be able to say that the child will not suffer undue psychological stress as a result of testifying in open court.

In the end, you might have to go with your gut instinct when trying to decide if your child should testify in court. As a parent, your viewpoint will be biased based on the welfare of your child, but you know better than anyone else what he or she is capable of. Trying to work with the judge, district attorney and defense in a reasonable manner will help ensure that your child's needs are met.

Source:

American Academy of Child and Adolescent Psychiatry, http://www.aacap.org/cs/root/policy_statements/protecting_children_undergoing_abuse_investigations_and_testimony"> Protecting Children Undergoing Abuse Investigations and Testimony