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WHAT IS WHAT IS COURT COURT

PREPARATIOPREPARATION?N?

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COURT PREPARATION

• Court preparation includes:– Educational/life skills

programme– Empowerment and

desensitisation– Stress reduction

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THE NEEDTHE NEED FOR COURT FOR COURT PREPARATIOPREPARATIO

NN

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THE NEED FOR THE NEED FOR COURT COURT

PREPARATIONPREPARATION

The judicial system demands a prompt, clear and consistent report of a recognisable crime, from an effective witness.

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WHAT IS ANWHAT IS ANEFFECTIVE WITNESS?EFFECTIVE WITNESS?

Someone who has the ability to recall information completely and accurately and communicate effectively,

Someone who has the ability to demonstrate an understanding of the difference between truth and falsehood,

Someone who has the ability to understand the lawyer’s questions and clearly indicate non-comprehension, and

Someone who has the ability to resist complying with leading questions.

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THE REALITYTHE REALITY

The discrepancy between the typical process by which evidence is elicited and the developmentally sensitive process that is needed to

elicit accurate information from children

+The possible pre-existing trauma

symptomology=

“A child who is not properly prepared for the courtroom experience is apt

to feel yet again victimized.”

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THE CHILD THE CHILD WITNESSWITNESS

Developmental Developmental limitationslimitations

Trauma Trauma symptomologiessymptomologies

Fears related to Fears related to courtcourt

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DEVELOPMENTADEVELOPMENTAL LIMITATIONSL LIMITATIONS

CognitiveCognitive MoralMoral MemoryMemory LanguageLanguage

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DEVELOPMENTADEVELOPMENTAL LIMITATIONSL LIMITATIONS

The highly specialized nature of the language used in court, coupled with age-inappropriate vocabulary and complex syntax, limits the child’s ability to respond with an adequate testimony.

The child witness’s limited ability to use memory strategies necessitates preparation to equip him with retrieval skills to enhance the accuracy of his evidence.

Child witnesses seldom understand the procedures involved in giving evidence, the roles of the court personnel and the child’s own role within this legal framework

The child may have pre-existing perceptions of the legal system that can contribute negatively to his performance in court if incorrect

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TRAUMA TRAUMA SYMPTOMOLOGIESSYMPTOMOLOGIES

GuiltGuilt FearFear AngerAnger Self blameSelf blame DissociationDissociation Blunted emotionBlunted emotion

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TRAUMA TRAUMA SYMPTOMOLOGIESSYMPTOMOLOGIES

sexual assault holds stigma

victims blame themselves

sex offenders deny and rationalise their behaviour

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FEARS RELATED FEARS RELATED TO COURTTO COURT

facing the accusedfacing the accused not being believednot being believed losing controllosing control embarrassmentembarrassment angering family angering family

membersmembers

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FEARS RELATED FEARS RELATED TO COURTTO COURT

A child’s performance in court is closely linked to fears experienced by that individual child regarding giving evidence and any related traumatic symptomologies

testimony tested in an adversarial context

have status of mere witnesses

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DANGERS INVOLVED IN DANGERS INVOLVED IN COURT PREPARATIONCOURT PREPARATION

Inappropriate programme content

Legal issues – acquittals based on incorrect preparation methods

Child exposed to attack under x-exam

Poor programme content Lack of skill in service providers Poor monitoring and evaluation Quality of service rendered

PROGRAMME MUST BE STANDARDISED AND

RESEARCHED

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THE THE OBJECTIVES OBJECTIVES

OF A OF A PREPARATIOPREPARATIO

N N PROGRAMMEPROGRAMME

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THE OBJECTIVES OF THE OBJECTIVES OF COURT PREPARATIONCOURT PREPARATION

Demystify the courtroom through education

Reduce the fear and anxiety related to testifying through stress reduction

Enhance the discovery of truth Enhance a child’s appearance of

credibility Improve recall Improve understanding of

questions or empower child to indicate non-comprehension

Resist leading questions Understand trial procedure

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THE SCOPE THE SCOPE OF OF

PREPARATIOPREPARATIONN

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THE SCOPE OF THE SCOPE OF PREPARATIONPREPARATION

What should court preparation include?

Educational v therapeutic?

Objectivity v case information?

Victim support?Confidence building?

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THE SCOPE OF THE SCOPE OF PREPARATIONPREPARATION

Evaluation of international programmes identified the following areas of focus:

To assess the needs of the child with respect to their court appearance;

To help the child understand the court process, their role in it and the roles of other participants;

To take the child to visit the court before the trial;

To provide the child with stress reduction and anxiety management techniques;

To involve the parent/caregiver; To communicate information(including

the child’s wishes) to the judicial role-players;

To keep the child and his parent/caregiver informed of the steps of the judicial process and to ensure that practical arrangements are made e.g. Transport on the day;

To accompany the child on the day he testifies; and

To debrief the child and his parent/caregiver when the trial is over.

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THE SCOPE OF THE SCOPE OF PREPARATIONPREPARATION

SA research has identified the following areas of focus: Introduction Role-players Courtroom layout Special courtroom and the intermediary Legal process Competency test/Oath Magistrate’s decision My day in court My job in court Court visits Empowerment skills Coping skills

Using the children’s existing skills as a basis

After court

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APPROACH

Collaboration between the existing disciplines of law enforcement, social sciences, health services and court personnel, is essential

“Efforts to prepare children in isolation, without interdisciplinary co-ordination, can backfire. There is a risk of undermining the goal of justice by influencing testimony, or the goal of protection by inviting charges of coaching.”

(Saywitz and Snyder 1993:45)

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It is essential It is essential that a child that a child

witness witness preparation preparation programme programme

becomes becomes incorporated into incorporated into

existing existing discipline discipline

structures and structures and not merely not merely

another agency another agency in addition to in addition to

these structures.these structures.

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LOCATIONLOCATION

•In court?•In prosecutor’s office?

•NGO facility?•Specially designed rooms with mock court facilities?

•Schools?

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DURATION AND TIMINGDURATION AND TIMING

International guidelines: structured

programmes consist of 4 to 8 sessions with 1 or 2 post-trial sessions

approximately 20 minutes per session

time needed to gain trust

pre-preparation session to identify child’s specific needs

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DURATION AND TIMINGDURATION AND TIMING

SA research: structured programme

consisting of 9 modulewith 1 post-trial module

approximately 1 hour per module

time needed to gain trust at the beginning of each module

modules free standing to accommodate different

abilities of serviceproviders

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GROUP V GROUP V INDIVIDUALINDIVIDUAL

SA research: Programme modules free-

standing so can be presented in groups or on an individual basis

Advantages to group presentation (Hidden values)

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CONTENTS OF CONTENTS OF PREPARATIOPREPARATIO

N N PROGRAMMEPROGRAMME

S: SA S: SA RESEARCHRESEARCH

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PROVIDING PROVIDING CHILDREN WITH CHILDREN WITH

SOME LEGAL SOME LEGAL KNOWLEDGE AND KNOWLEDGE AND GIVING THEM A GIVING THEM A TOUR OF THE TOUR OF THE

COURTROOM IS NOT COURTROOM IS NOT CONSIDERED CONSIDERED

SUFFICIENT TO SUFFICIENT TO REDUCE THEIR REDUCE THEIR STRESS AND STRESS AND IMPROVE THE IMPROVE THE

QUALITY OF THEIR QUALITY OF THEIR TESTIMONYTESTIMONY

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AMOUNT OF AMOUNT OF INFORMATION INFORMATION

GIVEN AND GIVEN AND METHOD USED METHOD USED

WILL DEPEND ON WILL DEPEND ON THE AGE OF THE THE AGE OF THE CHILD/CHILDREN CHILD/CHILDREN IN THE GROUPIN THE GROUP

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MODULE 1: MODULE 1: INTRODUCTORY INTRODUCTORY

MODULEMODULE

Welcome Ground rules Why do people go to

court? Rights The journey to court How do people feel

about going to court? Closure

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MODULE 2: WHO’S MODULE 2: WHO’S WHO?WHO?

Welcome Ground rules Who’s who The court teams What do people

wear in court? Taking care of me Closure

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MODULE 3: WHAT MODULE 3: WHAT DO COURTS LOOK DO COURTS LOOK

LIKE?LIKE?

Welcome Ground rules What does the courtroom

look like? Where to find the people in

court What do courtrooms feel like? The special courtroom What does the special

courtroom look like? Who is the intermediary? Closure

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MODULE 4: WHAT MODULE 4: WHAT HAPPENS IN COURT?HAPPENS IN COURT?

Welcome Ground rules What happens in the

courtroom? The trial timeline The magistrate's decision Types of decisions and their

effects Types of punishment The guilty plea Taking care of me Closure

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MODULES 5 AND 9: MODULES 5 AND 9: COURT ROLE-PLAY AND COURT ROLE-PLAY AND

COURT VISITCOURT VISIT

Welcome Ground rules Court role-play

Allocation of roles Revision Role-play

debriefing Taking care of me Closure

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MODULE 6: WHAT IS AN MODULE 6: WHAT IS AN OATH?OATH?

Welcome Ground rules Right and wrong Truth and lies Motivation to tel the truth The oath Consequences of lying Taking care of me Closure

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MODULE 7: MY JOB IN MODULE 7: MY JOB IN COURTCOURT

Welcome Ground rules My job in court Telling the truth Listening to the questions Answering the questions Kinds of questions and how to

answer them Things that can happen in

court Court etiquette Taking care of me Closure

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MODULE 8: MY DAY IN MODULE 8: MY DAY IN COURTCOURT

Welcome Ground rules My day in court Waking up on my court

day Going to court Meeting the prosecutor Telling your story in court Going home Taking care of me Closure

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MODULE 10: AFTER MODULE 10: AFTER COURTCOURT

Empowerment through information

Congratulations

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““Children’s Children’s ability to absorb ability to absorb new information new information is limited, is limited, particularly particularly when they are when they are under stress.”under stress.”

(Plotnikoff and Woolfson 1998:10)

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HIDDEN BENEFITS HIDDEN BENEFITS OF COURT OF COURT

PREPARATIONPREPARATION

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HIDDEN BENEFITS

• Research at pilots– Childline– GRIP

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AREAS OF SIGNIFICANCE

• CONFIDENCE• SELF ESTEEM AND GROUP

COHESION• SUPPORT STRUCTURES• ENJOYMENT• TRUST• TAKING THE PROGRAMME

HOME• ‘AM I READY FOR COURT?’• OTHER ISSUES

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CONFIDENCE

• INTIALLY CHILDREN WERE VERY WITHDRAWN• NO ENTHUSIASM, NO EYE CONTACT• FACILITATORS HAD TO PERSUADE THE

CHILDREN TO PARTICIPATE• USE WAS MADE OF REWARD INCENTIVES• BY THE FOURTH/FIFTH SESSION, CHILDREN

REPSONDED WITHOUT INCENTIVES• MORE SPONTANEOUS COMMUNICATION AND

INTERACTION• BY SEVENTH SESSION, CHILDREN HAD TO BE

SEPARATED AS THEY DEVELOPED CONFIDENCE AND EXHIBITED NORMAL MISCHIEVOUS BEHAVIOUR

• THE MORE CONFIDENT THE CHILDREN BECAME, THE MORE FUN THEY HAD AND THE MORE THEY INTERACTED AND LEARNT

• ONE CHILD THOUGHT TO BE DEVELOPMENTALLY DELAYED, MADE A PRESENTATION TO THE GROUP!

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SELF ESTEEM AND GROUP COHESION

• CHILDLINE FACILITATORS INTRODUCED AN EXERCISE EARLY IN THE PROGRAMME WHERE THE CHILDREN HAD TO EVALUATE WHAT THEY WERE GOOD AT

• CHILDREN HAD DIFFICULTY• AS PROGRAMME CONTINUED, EXERCISE

DONE AGAIN AND CHILDREN BEGAN TO RESPOND

• CHILDREN EVEN HELPED EACH OTHER – SUGGESTED WHAT EACH WAS GOOD AT

• STRONGER CHILDREN PROVIDED SUPPORT TO THE LESS CONFIDENT

• CLEAR SENSE OF GROUP COHESION AND SHARED EXPERIENCE (NOT ABUSE RELATED)

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SUPPORT STRUCTURES

• GROUP OF CHILDREN KNEW EACH OTHER, SAME ACCUSED

• AS PROGRAMME PROGRESSED, ORIGINAL GROUP STRUCTURES BROADENED

• STRONGER CHILDREN ONCE AGAIN ASSISTED WEAKER CHILDREN

• COURT VISIT SHOWED THE EFFECT OF THE SUPPORT STRUCTURES

• ONE CHILD VERY UPSET (MOTHER DYING)

• OTHER CHILDREN DID ROLE-PLAY AND THEN TOOK TURNS TO SIT WITH HER AND GIVE HER COMFORT

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ENJOYMENT

• RESEARCH INTERVIEWS CONDUCTED AFTER PROGRAMME FINISHED – CHILDREN AND PARENT/CAREGIVER

• ALL THE CHILDREN TALKED ABOUT HOW MUCH FUN THEY HAD HAD – ENJOYED STORY AND ACTIVITIES

• TOOLS AND ACTIVITIES VERY COLOURFUL AND FUN TO DO

• CHILDREN EXPRESSED SADNESS THAT THE PROGRAMME HAD COME TO AN END

• CHILDREN WANTED TO COME BACK AND DO THE PROGRAMME AGAIN

• ONE CHILD MISSED ONE MODULE AND MOTHER TOLD RESEARCHERS THAT HE HAD CRIED BECAUSE HE COULD NOT GO

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TRUST

• VICTIMS OF ABUSE/OTHER CRIMES OFTEN HAVE DAMAGED ABILITY TO TRUST

• AT BEGINNING OF PRORAMME, CHILDREN WERE DISTRUSTFUL OF THE FACILITATORS AND RARELY PROVIDED INFORMATION IN RESPONSE – ESPECIALLY WITH REGARD TO FEELINGS

• AS THE PROGRAMME PROGRESSED THE CHILDREN BEGAN TO FEEL SAFE ENOUGH TO SAY THAT THEY WERE SCARED TO GO TO COURT

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TAKING THE PROGRAMME

HOME• PARENTS/CAREGIVERS SAID THE

CHILDREN HAD REVISED THE MATERIALS AT HOME

• THEY ALSO NOTED THAT THE PROGRAMME HAD CONTRIBUTED TO CHANGES IN THEIR CHILDREN’S PERSONALITES

• ONE MOTHER SAID HER CHILD HAD ‘COME BACK’ – CHILD HAD BEEN SO SAD BEFORE PROGRAMME, AFTER PROGRAMME SHE SMILED MORE OFTEN AND SEEMED HAPPIER

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‘AM I READY FOR COURT?’

• IN INTERVIEWS, CHILDREN ASKED HOW THEY FELT ABOUT GOING TO COURT AFTER ATTENDING THE PROGRAMME

• ALL THE CHILDREN SAID THEY WERE STILL SCARED BUT FELT THEY COULD COPE BETTER NOW THAT THEY UNDERSTOOD WHAT WOULD HAPPEN, AND WHAT THEY HAD TO DO

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FURTHER ISSUES FURTHER ISSUES RELATING TO RELATING TO

IMPLEMENTATIONIMPLEMENTATION

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ISSUES TO ISSUES TO CONSIDERCONSIDER

DOES PREPARATION AMOUNT TO COACHING?

EXPERTISE OF PROGRAMME PRESENTERSTRAININGQUALIFICATIONS

NUMBER OF MODULES PRESENTED