Children as Sources of Information on Criminal Event

Abstract

From the point of view of criminal law, children are today frequently seen as an important personal source of information, particularly as related to a criminal event as a potential offense or the actual offense. Their status in the informal and formal legal procedures may be that of: 1. a witness, either a percipient witness, also called eyewitness, or an intermediate witness, also called hearsay witnesses, 2. a victim, either primary or collateral, and 3. a suspect (defendant). Children may be active or passive sources of information. The former refers to verbal and nonverbal communication (body language), and the latter refers to children being subjects to screening or body searches.

Interrogation of children using interviewing techniques (primarily cognitive) in the investigation process is an important source of relevant information. In the process, one should discard prejudices that children tend to be poorer witnesses than adults. Child interviewing is a special form of communication based on their psychophysical characteristics. The success of the interview depends on numerous factors, such as: environmental factors relating to the physical characteristics of the room in which the interview is conducted, the quality of communication between the interviewer and the interviewee (a child), the time of day at which the interview is conducted, the child’s age, his/her status in the procedure etc. Of special relevance is the event/offence which is the subject of the interview (intra-offense relationships as a relational moment). Furthermore, the capacity of a child to perform simultaneous tasks bears significance as well as the conditions under which the interviews are conducted, followed by the actual interview setting: 1. a place of interview, 2. time of interview, and 3. interviewer’s familiarity with the case (subject) in connection with which the child is interviewed. The way in which children obtained information revealed during their deposition and the factors relating to child’s nutritional requirements (hunger, thirst, inadequate food or drinks etc.) also play a role.

Interviewers must have substantial knowledge of psychology of children serving as sources of information as well as the child interview tactics and techniques. These refer to psychological elements. Particular problems may arise in cases involving handicapped children, i.e. children who are mentally challenged (retarded), deaf, mute or deaf-mute, blind; have some degree of physical disability etc.

The quality of child’s deposition largely depends on their individual characteristics. Children should also be constantly observed during the interview in order to identify the mental processes underlying observable physical behavior, the so called behavioral symptoms.