Introduction:
Next, we will analyze in detail the present topic “children's testimonies” in order to determine if these are reliable and trustworthy for a process, be it legal or of any other nature.
Presentation of the theme
We will now analyze and explain the issue of “child testimony” in order to conclude if it is totally reliable for the different legal processes.
Some considerations that we must take into account when dealing with an infant are:
BASIC CONSIDERATIONS:
- Child memory and suggestibility Child language Specific studies on child intelligence and testimony Child stress Self-esteem and adaptation Social beliefs about the child witness and testimony The presence of the child in the act of oral trial
Stereotype of children as witnesses
Age is a factor that determines witness capacity:
Most research advises against intervention with children under five years of age as they cannot make very broad descriptions (limited language skills, reasoning and memory).
Children between 7 and 9 years old are the ideal witnesses, they are more resistant to induction or external influence and less vulnerable to suggestion.
Adults do not usually believe older children or adolescents because they think they can deliberately lie.
The exceptions of the child stereotype as a witness
There is research that shows that children's testimony is more credible.
Theory of the two factors
The child is as credible as the adult when he confidently delivers his testimony. This statement is based on two factors:
- Honesty factor. The child has little knowledge about sexual behavior and does not have to lie Factor of When the child is listened to, it is given more cognitive ability, more credibility and greater intelligence, but, at the same time, it is perceived as less exact and more suggestible.
Children lie
Children under three years of age do not lie even when they say things that are not true because for them they are.
On the other hand, 3 and 5-year-old children are not aware of their lies, but that these are part of their natural fantasies of their age and they should not be given as much importance unless they are part of their habitual behavior or become the way to achieve anything.
Finally, they sometimes lie because they imitate what they see or because they do not want to disappoint their parents, it is also a way of attracting attention.
After 5 years, children begin to lie consciously since they already know the difference between the truth and the lie, however they are not clear that lying is something wrong, insecurity and lack of self-esteem are main factors why children lie at this age.
White lies usually appear from the 6 years tending to benefit others or not to hurt their feelings, most of them tell them out of the desire to avoid punishment, to look better in front of others or just for fun.
Also the performance of adults is essential in such teachings, children imitate those behaviors or lies that even for us seem harmless.
Difference between children and adults as witnesses
Witness:
In procedural law, witnesses are considered to be:
Natural person, not necessarily endowed with the capacity to act, but to perceive and give a reason for his perception, who is neither a party nor a representative of it, who testifies about sensory perceptions related to procedurally relevant concrete facts. The witness is asked for a statement of their own knowledge about specific facts or factual circumstances. That is, the witness must be aware of these facts or factual circumstances through his own perceptions, so his statement is infungible
Minor witness
National Code of Criminal Procedures
Article 366 Special testimonies
When testimony must be received from minors who are victims of the crime and it is feared due to their psychological or emotional affectation, as well as in the case of victims of the crimes of rape or kidnapping, the jurisdictional body at the request of the parties, may order its reception with the help from family members or specialized experts. To do this, the appropriate audiovisual techniques must be used to help avoid confrontation with the accused. People who cannot attend the court, due to being physically handicapped, will be examined in the place where they are and their testimony will be transmitted by remote reproduction systems. These special procedures must be carried out without affecting the right to confrontation and defense.
Suggestion
Suggestion designates the action of proposing an idea or a feeling skillfully, not openly. It is used in everyday life and is also a widely used technique in psychoanalysis. Its objective is to introduce any idea, thought or attitude to a person who is not conscious and who thinks that this idea, thought or attitude is the result of his own will. This phenomenon, known as suggestion, can be used to a good end (hypnosis, daydreaming, relaxation) or to a bad end (fanaticism).
Suggestion mechanisms in forensic interviews
It requires training in the specific techniques of the interview, knowledge about the witness's memory and about the victimization process.
On the other hand, the obtaining of the information must be recorded and proceed to the analysis of its content. Through the forensic clinical interview we reinforce the degree of reliability and validity of the testimony of a witness that could be simulated.
Two important aspects that are achieved with the forensic interview is the degree of validity and reliability of the information and secondly, that the interviewer must be a psychopathological expert to obtain said information.
Conclusion:
Most of us are able to recall events from childhood, although most memories are a reconstruction made from different data collected from different sources in an unconscious way. This construction of autobiographical memories is far from reality with respect to our age at the time of the event.
Children's testimony is reliable, it is true that a child can lie but they can give us clues to contribute to the investigation in the testimonial field.
Reference sources
paideia.synaptium.net/pub/pesegpatt2/asi/asi_reto.pdf https://psicologiajuridicaforense.wordpress.com/tag/testimonio-infantil/ https://rua.ua.es/dspace/bitstream/… /TEMA_6_Psicología%20del%20Testimonio..pdf www.buentrato.cl/pdf/est_inv/maltra/mi_juarez.pdf
