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Book Reviews

Editorial Reviews of Children in the Courtroom from Amazon.com

Review
I found Carter's techniques in handling a child witness to be extremely helpful in my complex personal injury case. Peter C. Limberis, Law Offices of Peter C. Limberis, Tarpon Springs, FL

Review
The book offers step-by-step analysis of the most appropriate techniques for determining a child’s ability to testify. Bruce Lyons, Member of Lyons and Sanders, Fort Lauderdale, FL

Review
Carter's book should be required reading for every lawyer and judge who deals with child witnesses in the courtroom. Diane Geraghty, Professor, Director of Civitas Childlaw Center, Loyola University Chicago School of Law

Product Description
In Children in the Courtroom, Sherrie Bourg Carter provides attorneys and judges with the critical information they need to properly review and handle cases involving child witnesses. Through a detailed discussion of the complicated legal, investigative, and developmental problems that are commonly encountered when children are involved in the legal system, Bourg Carter offers practical information and how to tips to help legal professionals maneuver through the often thorny landscape of child witness litigation. In an easy-to-read and easy-to-understand format, this book covers common legal arguments that arise in child witness cases, proper and improper child interview methods and approaches, legally relevant child developmental issues, and helpful procedures when children testify in the courtroom. The appendix includes a child witness questioning guide for competency to testify assessment and child sexual abuse cases.
Summary of Contents * Chapter 1 - Introduction * Chapter 2 - Legal Issues * Chapter 3 - Interview Procedures and Techniques * Chapter 4 - Legally Relevant Development Issues * Chapter 5 - Child Witnesses in the Courtroom * Appendix
Special pricing on this product is available to legal service practitioners and government offices.
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Review of Children in the Courtroom from Wisconsin Lawyer, Vol. 79, No. 7, July, 2006

Reviewed by Erik R. Guenther

A child's statements to a jury, a police officer, or a forensic interviewer can result in incarceration of an accused, loss of custody rights for a parent, or imposition of damages against a defendant. The Wisconsin Jury Instructions therefore make clear that the testimony of a minor witness should be given the same careful scrutiny as that of an adult. In reality, however, the testimony of minors often is given greater weight than that of adults, based on a lack of understanding that children can and do lie and also make mistakes in identifications, just as adults do. Children in the Courtroom addresses these concerns to help its audience of attorneys and judges understand the complexities in dealing with minors in the judicial process.
The book addresses proper forensic interviews of children, including the problems of leading and suggestive questions, limiting the danger of false and mistaken allegations, and dealing with a minor's vulernability to suggestion. The author discusses disctinctions between interview techniques, appropriate interview settings, and interviewer bias. The author shares and explains her recommendations, for example, that interviews be videotaped, given the results of studies that demonstrate the limited ability of an interviewer to recall responses verbatim. The author thoughtfully discusses the controversy surrounding the use of anatomically detailed dolls and provides a survey of recommended studies on the subject.
Current case law also is addressed, including the application of Crawford v. Washington, to the testimony of minor witnesses. The author explains some state court post-Crawford decisions dealing with the admissibility of out-of-court statements of minors. The conflict discussed in Maryland v. Craig between the Confrontation Clause right of the accused and the emotional availability of the complaining witness also is considered.
The author provides a balanced perspective that is useful for family law practitioners, prosecutors, defense attorneys, and judges. I recommend the book as a summary of this issue, although attorneys in the criminal justice system should view the book as a starting place to develop their understanding of child testimony.
Erik R. Guenther, U.W. 2002, is an associate with the criminal defense practice group of Hurley, Burish & Milliken S.C., Madison, representing individuals and business entities in courts throughout Wisconsin and in federal courts. The practice group regularly litigates cases involving allegations by child complainants.