A four year old child sees his father hold his mother at gunpoint and beat his grandpa. He spontaneously makes a statement to police that he saw his daddy with a gun and describes it.

Should the defendant be able to force his appearance at trial? Should the statements contained in the police report reflecting his statements be excluded if he doesn't? To what extent does the right to face your accusers outweigh potential harm to the individual?

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That is always a tough one. I don't think a child should be compelled to testify. Mainly because I don't think they can fully understand the impact testifying will have on themselves. I would, however, as the mother (were it me) ask my child to please tell the court exactly what he told the police. Tell him that although the police officer knows what he said, the court needs to hear him say it for themselves.

I think kids react a lot to the way their parents/caregiver's are feeling. If the parent is relaxed about the court appearance the kid will be too. I know that is not 100% cut and dried, but much of the time that is true.

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Asexuality: It's not just for amoebas anymore

"As long as two people love each other I don't think God cares whether they both have a hoo hoo or a haa haa" Marge Simpson

What about the psychological damage of making the child a part of imprisoning their papa? Of having to sit at the stand and be a part of the process that takes their daddy away? Would it matter if the child wanted to or not? Are they old enough to be able to comprehend what decision is truly in their best interest?

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At this age, if it is absolutely necessary that he testify (or he's compelled, legally, to do so) couldn't a motion or plea be put to the judge overseeing the case, to have the child testify in chambers, with the judge alone, minus the defendant or anyone else?

Obviously, the child has already experienced psychological trauma due to the nature of the case; surely a judge can see that adding to that would do a disservice to the child. Surely the child can give his testimony in chambers, and it could be fed via video, into the courtroom? The child still testifies, but does so in a manner that is likely the least damaging to him.

As for explaining to him, I'd couch it in the simplest terms necessary. I don't think you necessarily have to make him aware that HIS testimony will put his father behind bars. I think he just needs to know that the reason everyone is talking to the judge is because daddy messed up. And just like when he (the child) messes up, there are consequences to his actions, and just as he (the child) pays those consequences because of his poor behaviour, so will his daddy, because it is the way of the world. I don't think it needs to be any deeper than that - by this age, he has the simplest of understandings about what bad behaviour earns you and that's what is happening to his father - he's getting one helluva timeout.

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What about the lack of trustworthiness of child-witnesses? We've seen it most prevalent in sex abuse cases. Doesn't this warrant aggressive cross examination? And if so, even if it's conducted in chambers, won't that scar the child?

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I agree with BP. In your scenario Misty, the child is not the only witness though. The mother and grandfather are also witnesses and of course, there is the physical evidence of the beating grandpa recieved. While both child and mother *could* be lying, the beating evidence speaks for itself, the testimony of the child and mother only corraberate(sp) this evidence.

Now, in sex abuse cases there are many times where physical evidence is scarce or non-existant, there are no other eye-witneses and it is *only* the child's word against the perp's. So, I don't really think the two situations are the same.

My cousin's daughter witnessed her *dad* choke her mother. She was the only witness, other than her mother. She was 5 at the time. I'm not sure if there was evidence of the choking or not. Fortunately her arsehole father decided to plead so that his daughter would not have to testify. Now, each child is different, but I don't think my cousin's daughter would've been any more damaged by testifying than she already was by witnessing the event. She knew he *dad* did something very wrong and that he had to be punished and that she had to tell the truth.

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Asexuality: It's not just for amoebas anymore

"As long as two people love each other I don't think God cares whether they both have a hoo hoo or a haa haa" Marge Simpson

I think a child should be allowd to testify outside the courtroom or by video conference. I do not think a child should be forced to stand in court infornt of everyone.

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