Interviewing, Counseling, and In-Court Examination of Children: Practical Approaches for Attorneys

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Authors

Perry, Nancy W.
Teply, Larry L.

Issue Date

1985

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18

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Journal Article

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INTRODUCTION|Newspaper headlines show all too well how pre-teenage children become involved with the legal process: Two Children in Car As Stabs Kill Mother, Bail Revoked for Teachers in Preschool Abuse Case, Child Testifies in Murder Trial, Mr. T Persuades 7-Year-Old Boy to Testify During Sex Abuse Case, Use of Child Witnesses Sparks Concerns, and so on. Children may be witnesses to accidents, crimes, or other events of legal significance; they may be injured parties or victims of alleged wrongdoing; their opinions may be relevant to legal decisions, such as the award or change of temporary or permanent custody; or they may be perpetrators of crimes. In circumstances such as these, lawyers need effective techniques of interviewing and witness examination to overcome communication barriers with children and to increase the likelihood of factual accuracy. At the same time, professionally responsible persons should be sensitive to the counseling and human aspects of contacts with such children, even when their testimony or opinions adversely affect the position of the lawyer's client...

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18 Creighton L. Rev. 1369 (1984-1985)

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Creighton University School of Law

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