CROSS-EXAMINATION EXPERIENCE OF CHILD WITNESSES
Zajac, Irvine, Ingram and Jack indicated that cross-examination coerced child witnesses into indiscriminately changing their initial correct and incorrect responses. Their empirical evidence also suggested that cross-examination questioning is detrimental to the accuracy of child witnesses, and children with low assertiveness and low self-confidence are more adversely affected through being challenged about their credibility by cross-examiners. Thus, cross-examination cannot tell us the truth when it significantly facilitates the change in the children’s responses regardless of whether they are truth-tellers or liars. Besides, Ellison revealed that the formal and technical language adopted by the counsels in cross-examination is beyond the ordinary experience of child witnesses, and diminishes the chance to describe their …show more content…
Cross-examination of children causes them to provide unreliable evidence because they may not realise they have misinterpret a question, and may not seek clarification of complex and confusing questions. Cross-examiners are always in a position of control and power with which they can readily confuse, intimidate and manipulate opposing child witnesses, and makes child witnesses look like telling lies. The accuracy of children’s testimony diminishes during cross-examination because they have difficulty in recalling memories of the actual events under excessive anxiety, and may acquiesce to statements or allegations against them even they do not actually agree with. Therefore, cross-examination does not provide an appropriate forum for child witnesses to freely express their version of events according to their genuine perspectives, and this hinders the delivery and discovery of truth among the court for justice to be
Zajac, Irvine, Ingram and Jack indicated that cross-examination coerced child witnesses into indiscriminately changing their initial correct and incorrect responses. Their empirical evidence also suggested that cross-examination questioning is detrimental to the accuracy of child witnesses, and children with low assertiveness and low self-confidence are more adversely affected through being challenged about their credibility by cross-examiners. Thus, cross-examination cannot tell us the truth when it significantly facilitates the change in the children’s responses regardless of whether they are truth-tellers or liars. Besides, Ellison revealed that the formal and technical language adopted by the counsels in cross-examination is beyond the ordinary experience of child witnesses, and diminishes the chance to describe their …show more content…
Cross-examination of children causes them to provide unreliable evidence because they may not realise they have misinterpret a question, and may not seek clarification of complex and confusing questions. Cross-examiners are always in a position of control and power with which they can readily confuse, intimidate and manipulate opposing child witnesses, and makes child witnesses look like telling lies. The accuracy of children’s testimony diminishes during cross-examination because they have difficulty in recalling memories of the actual events under excessive anxiety, and may acquiesce to statements or allegations against them even they do not actually agree with. Therefore, cross-examination does not provide an appropriate forum for child witnesses to freely express their version of events according to their genuine perspectives, and this hinders the delivery and discovery of truth among the court for justice to be