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ON THE DAY OF COURT
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A child's court experience begins even before he or
she steps into the courtroom. On the day of the hearing,
parents/caregivers should make sure
that both parents and children are dressed neatly and comfortably.
Caregivers/parents should ensure that children have a good breakfast and are as
relaxed as possible. Despite
a courtroom tour, children may still be nervous and fearful of
testifying. It is important that the adults around them relay positive,
supportive messages: "You look very
nice," "Everyone is
nervous when they testify, even police officers," and "I know
you'll do a great job." There may be long delays while
awaiting the case to be called, so bring items with you that may help
pass the time such as crayons and books, activity sheets, dolls, and
snack food. It is important to remember that the young witness
should not discuss the case with anyone, including parents or other
supportive adults. Do not
go over the child's testimony before the courtroom appearance. However,
you can tell the child to tell the truth and to think carefully about the
details of the testimony he or she plans to give. Emphasize that it is
okay to say "I don't know" or "I can't remember" to
any question if the child cannot recall, or "I don't
understand" if the question is unclear.
When the case is called, all
witnesses must come into the courtroom, including child witnesses.
Everyone will be sworn in. This means that everyone will take an
oath to tell the truth. If there is to be a closed hearing, all
unnecessary parties will be asked to leave the courtroom. When the
child takes the stand, he or she may be asked a series of questions to
"qualify" him or her as a witness. These questions are
designed to determine if the child knows the difference between the
truth and a lie, and to test the child's ability to observe and
remember. This is usually very brief and most children qualify
with very little difficulty. Once qualified, the testimony can begin.
While testimony is on-going,
caregivers/parents and other support persons must remember to remain quiet and not
make any motions or expressions to prompt the child. Such actions may
upset the child, or even cause controversy about the testimony, and the
court could have the person removed. Just knowing you are there will be
a comfort to the child.
It should
comfort parents and other caregivers to know that most
children who testify say that testifying was not as bad as they had
expected.
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