THE LAWS PROTECTING CHILD WITNESSES IN GIVING EVIDENCE: HARMONIZATION BETWEEN MALAYSIAN LAWS AND AS-SHARIA

Since issues of child abuse and other crimes against children have been brought to the public's attention through the media, this article considers to highlight one of the issues relating to the protection of child. The issue of the laws protecting child witnesses in giving evidence will come into the discussion. This paper considers the issue of corroboration of the child witness in the aspects of sworn and unsworn statements to determine whether the evidence given by children will be relevant and admissible in Courts. In tackling the issues, the research methodology applied by the authors is by analyzing and evaluating the decided cases and studying the substantive laws procedure in protecting child witnesses in giving testimony in Courts. The expectation findings of this paper are to harmonize between Malaysian and Islamic law relating to the protection of child witnesses in giving evidence in the court of law. After having observed the conflicts or the problems that had stem out of the current laws and procedures governing child witnesses as to the remedies, the final part of the article proposed some solutions and recommendations from the Islamic point of view.

Dolls, Diagrams and Drawings: Interviewers’ Perspectives on Visual Aids in Child Witness Interviews

<p>In cases of child maltreatment child witnesses are often the sole sources of information about the suspected events, meaning their contribution to an investigation is critical. However, children may find recounting their experiences in sufficient detail challenging (Poole & Bruck, 2012). Visual aids are the tools (e.g. diagrams, drawings, and dolls) forensic interviewers often use in interviews to help children remember or describe their experiences and overcome children’s social and cognitive limitations. Research evaluating these aids indicates that any gains in information, reported by children, are typically accompanied by significant increases in false details, thus compromising the accuracy of accounts (Brown, 2011). The purpose of this study was to establish the extent to which interviewers in New Zealand use visual aids with children, and their knowledge of relevant research and the national interviewing protocol. Thirty-one New Zealand Specialist Child Witness Interviewers completed a questionnaire that assessed how and why they use aids, and their knowledge of, and adherence to, the literature and protocols guiding interviewer practice with visual aids. Interviewers’ responses indicated they used a range of aids, with both younger and older children, for a range of reasons, many of which have not been extensively researched. Generally, interviewers had poor knowledge of the existing research and protocol guidelines, and knowledge did not predict adherence to the recommendations. The findings identify the need to educate interviewers about the evidence-base surrounding various aids, as well as conducting research that more closely reflects how aids are used with children.</p>

Dolls, Diagrams and Drawings: Interviewers’ Perspectives on Visual Aids in Child Witness Interviews

<p>In cases of child maltreatment child witnesses are often the sole sources of information about the suspected events, meaning their contribution to an investigation is critical. However, children may find recounting their experiences in sufficient detail challenging (Poole & Bruck, 2012). Visual aids are the tools (e.g. diagrams, drawings, and dolls) forensic interviewers often use in interviews to help children remember or describe their experiences and overcome children’s social and cognitive limitations. Research evaluating these aids indicates that any gains in information, reported by children, are typically accompanied by significant increases in false details, thus compromising the accuracy of accounts (Brown, 2011). The purpose of this study was to establish the extent to which interviewers in New Zealand use visual aids with children, and their knowledge of relevant research and the national interviewing protocol. Thirty-one New Zealand Specialist Child Witness Interviewers completed a questionnaire that assessed how and why they use aids, and their knowledge of, and adherence to, the literature and protocols guiding interviewer practice with visual aids. Interviewers’ responses indicated they used a range of aids, with both younger and older children, for a range of reasons, many of which have not been extensively researched. Generally, interviewers had poor knowledge of the existing research and protocol guidelines, and knowledge did not predict adherence to the recommendations. The findings identify the need to educate interviewers about the evidence-base surrounding various aids, as well as conducting research that more closely reflects how aids are used with children.</p>

CHILDREN’S EVIDENCE IN SEXUAL CASES IN THE CONTEXT OF S v QN 2012 (1) SACR 380 (KZP)

This case note considers a number of issues in the context of the case of S v QN (2012 (1) SACR 380 (KZP)). These are: the competence of a childwitness, the admonishment of a child witness, the evaluation of evidence given by a child witness, the non-production of DNA evidence, and theprocedures followed regarding the use of an intermediary in terms of section 170A of the Criminal Procedure Act 51 of 1977.

Supporting Children Who Experience Domestic Violence: Evaluating the Child Witness to Domestic Violence Program

Impacting 1 in 4 children in the United States, childhood exposure to domestic violence predicts myriad negative sequelae. Intervening post exposure is critical to help children and their protective parent heal and avoid long-term negative consequences. Children aged 2-17 and their mothers who were victims of domestic violence participated in a 12-week group program delivered by domestic violence agency staff that provides psychoeducation on the impact of trauma and domestic violence and aims to improve parent and child well-being. The impact of the Child Witness to Domestic Violence (CWDV) program was tested in an intervention group ( n = 69 children, 33 mothers) who participated in CWDV and control group ( n = 80 children, 39 mothers) consisting of children whose mothers received adult-focused domestic violence services but were not enrolled in CWDV or other child-focused services. Multiple regression analyses controlling for child gender, child age, mother’s age, and the outcome of interest at time 1 found that participation in CWDV program significantly predicted better child functioning as indicated by less hyperactivity ( B = –.85, p = .06), fewer negative emotional symptoms ( B = –1.14, p = .01), and fewer total behavioral difficulties ( B = –2.48, p = .02) as well as higher maternal hope ( B = .57, p = .03). These data provide promising evidence of the impact of a brief, replicable group intervention that promotes healing and well-being among children and parents exposed to domestic violence. Limitations include a quasi-experimental design and reliance on maternal report.

I’ll show you what I witnessed. Children’s abilities to use non-anatomical dolls in forensic interviewing

<p>Two studies examined the effectiveness of using non-anatomical (non-AD) dolls as an interview tool, to aid children's communication about body positioning. In the first study, 49 6-8-year-old children took part in a game. Thirty minutes to an hour later, they were interviewed using the Specialist Child Witness Interview model. This was done verbally or with the opportunity to use non-AD dolls to clarify their own and others' body positioning. There was no difference in the amount of information reported nor the accuracy of children's reports when comparing both conditions. To complement the first study, the second study examined jurors' perceptions of children's abilities to use non-AD dolls. Non-AD dolls were generally thought to be helpful, but jurors identified some risks. However, jurors did not have strong beliefs about how non-AD dolls would influence the evidence that children provided. When jurors viewed a video of a child recounting a past event, their beliefs about non-AD dolls were more influential when evaluating a child's credibility than whether or not a non-AD doll was used during the interview. Overall, even when used in conjunction with evidence-based techniques, these findings do not support the use of non-AD dolls to help communicate body positioning in child forensic interviewing.</p>

I’ll show you what I witnessed. Children’s abilities to use non-anatomical dolls in forensic interviewing

<p>Two studies examined the effectiveness of using non-anatomical (non-AD) dolls as an interview tool, to aid children's communication about body positioning. In the first study, 49 6-8-year-old children took part in a game. Thirty minutes to an hour later, they were interviewed using the Specialist Child Witness Interview model. This was done verbally or with the opportunity to use non-AD dolls to clarify their own and others' body positioning. There was no difference in the amount of information reported nor the accuracy of children's reports when comparing both conditions. To complement the first study, the second study examined jurors' perceptions of children's abilities to use non-AD dolls. Non-AD dolls were generally thought to be helpful, but jurors identified some risks. However, jurors did not have strong beliefs about how non-AD dolls would influence the evidence that children provided. When jurors viewed a video of a child recounting a past event, their beliefs about non-AD dolls were more influential when evaluating a child's credibility than whether or not a non-AD doll was used during the interview. Overall, even when used in conjunction with evidence-based techniques, these findings do not support the use of non-AD dolls to help communicate body positioning in child forensic interviewing.</p>

ANALISIS YURIDIS KEKUATAN ALAT BUKTI KETERANGAN SAKSI ANAK DALAM TINDAK PIDANA PERSETUBUHAN (PENELITIAN PUTUSAN NOMOR: 17/PID.SUS.ANAK/2014/PN.TJK)

The focus of research is on the strength of evidence for child witness testimony in criminal acts of sexual intercourse and the basis for judges' consideration in using child witness evidence in Decision Number: 17 / Pid.Sus.Anak / 2014 / PN.TJK. The objectives to be achieved are to analyze the strength of the evidence for child witnesses in the criminal act of sexual intercourse and to analyze the basis for judges' consideration in using evidence for child witnesses in Decision Number: 17 / Pid.Sus.Anak / 2014 / PN.TJK. The research method uses a normative and empirical approach. Based on the results of the research, it is known that the strength of evidence of child witness testimony in the crime of sexual intercourse in accordance with Decision Number: 17 / Pid.Sus.A child / 2014 / PN.TJK only acts as a guide or additional valid evidence and information that can strengthen the judge's conviction. to further prove the guilt of the accused, and can be used to prove the indictment of the Public Prosecutor. The victim witness was not sworn in because he was not yet 15 (fifteen) years old.