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What advice would you give to a defence lawyer who needed to question, and discredit, a child witness who was testifying against the defendant?
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What advice would you give to a defence lawyer who needed to question, and discredit, a child witness who was testifying against the defendant? 'The cross-examination of a child is probably the most challenging courtroom situation a criminal lawyer faces', and accordingly should be handled 'very cautiously', Thompson (1993). I would strongly advise lawyers to follow the Memorandum published by the Home Office, as no jury will tolerate the examiner attacking the witness or breeching the guidelines. Instead, I would advise the lawyer to use clever psychological interviewing techniques to discredit the child's testimony. Children are called to testify for many reasons and on numerous occasions, however many judges still find it difficult to assess the credibility of a child witness, without any other evidence. There have been numerous investigations into children's credibility and the effects of interviewing practices on their reports; primarily due to the impetus created by...
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