Investigation, Evidence, and Testimony

Resources and information about investigation of child abuse and neglect cases, including:

• Expert testimony
• Children's testimony

Closed-Circuit Television (CCTV) and Recording Technology Legal Database
ABA Center on Children and the Law
Provides information on statutes and case law, and facilitates the exchange of information among those working to improve the use of CCTV and recording technology in child abuse and neglect cases.

Investigation and Prosecution of Child Abuse
National Center for Prosecution of Child Abuse (2004, 3rd ed.)
View Abstract
Comprehensive guide to handling the investigation and prosecution of child abuse. Includes a CD-ROM with forms and motions.

Myers on Evidence in Child, Domestic and Elder Abuse Cases
Myers (2005)
View Abstract
Analysis of evidence issues arising in cases of child abuse, domestic violence, rape, stalking, and elder abuse.

National Center for the Prosecution of Child Abuse (NCPCA)
Offers training, legal assistance, court reform, and information on criminal child abuse investigations and prosecutions.

Expert testimony

Expert Testimony
Myers & Stern (2002)
In The APSAC Handbook on Child Maltreatment (2nd ed.)
View Abstract
Describes how and why expert witnesses are called on to explain technical or clinical aspects of abuse to judges and juries.

The Forensic Interviewer at Trial: Guidelines for the Admission and Scope of Expert Witness Testimony Concerning an Investigative Interview in a Case of Child Abuse (PDF - 256 KB)
Vieth
William Mitchell Law Review, 36(1), 2010
Explores when a forensic interviewer can testify as an expert witness and, if allowed, how far the witness can go; also offers interviewers' and attorneys' suggestions for offering expert testimony as well as challenging the testimony.

Testifying in Court as a Forensic Interviewer: Defending an Investigative Interview From the Witness Stand (PDF - 614 KB)
Vieth
CenterPiece (National Child Protection Training Center), 1(3), 2008
Explores when a forensic interviewer is allowed to testify as an expert witness in appellate court and provides concrete suggestions for offering expert testimony and in otherwise defending these interviews in court.

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Children's testimony

Child Witness Policy: Law Interfacing with Social Science
Marsil, Montoya, Ross, & Graham (2002)
Challenges many of the presumptions regarding the constitutionality of child witness testimony in abuse cases and the rights of the accused to confront their accuser.

The Conundrum of Children, Confrontation, and Hearsay
Friedman (2002)
Asserts that the current approach to judging testimony of child victims in child abuse cases based on the prevailing structure of hearsay law is inadequate, and presents a new model for consideration.

A Full and Candid Account: Using Special Accommodations and Testimonial Aids to Facilitate the Testimony of Children
Cunningham & Hurley (2007)
Presents seven concise handbooks to help prosecutors, victim support workers, judges, and others understand and meet the needs of children who testify in court, including information on hearsay evidence, witness screens, the use of closed circuit television and remote testimony, and children and teenagers who testify in domestic violence cases.

Legal and Social Issues Surrounding Closed-Circuit Television Testimony of Child Victims and Witnesses
Bennett (2003)
View Abstract
The influence of social science research on the use of closed-circuit television (CCTV) testimony and the current state of research regarding CCTV testimony and court outcomes.

Victim Assistance: Preparation and Support for Children in Criminal Proceedings
Adkins (2007)
Offers online training to help victim assistance providers prepare children to appear at competency, grand jury and suppression hearings, and trials during criminal proceedings.

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