An evaluation of the questions posed to child witnesses in court to determine whether they are developmentally appropriate
- Authors: Erasmus, Ronell
- Date: 2008
- Subjects: Child witnesses -- South Africa , Law -- Language
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10267 , http://hdl.handle.net/10948/747 , Child witnesses -- South Africa , Law -- Language
- Description: Children are often required to testify viva voce in criminal trials. The question arises whether children understand what is communicated to them during their testimony in court. In the courtroom, the witness serves as a source of information. In child abuse cases in particular, the meaningful participation of the child in court proceedings is crucial due to the fact that the child is often the key witness, or the only witness, for the prosecution. The proper evaluation of the child’s evidence, however, requires that all role-players involved in the judicial process have a sound knowledge of those aspects which deal with child psychology, especially the cognitive and language abilities of children who testify. The procedure that is followed in court is not understood by the ordinary lay person, even less by children, and the language used is formalistic and very specialized. Legal language in general often contains cognitively and linguistically inappropriate questions which prevent children from relating their stories. Furthermore their responses do not sufficiently reflect their knowledge and experience of the incident of alleged sexual assault. Court language creates serious problems for children and accordingly prevents them from being effective witnesses and taking part in the judicial process in a meaningful way. The researcher, in her capacity as a Regional Court Magistrate, realized that children have limited understanding of the criminal trial process and often become secondary victims as a result of a system that does not acknowledge their cognitive and linguistic developmental levels. The purpose of this research was therefore to test the validity of the following hypotheses: • During the examination of children in a criminal trial developmentally and linguistically inappropriate questions are posed to them; and This results in ineffective communication. Eight court transcripts of criminal cases heard in the regional courts of the Eastern Cape and Mpumalanga by different presiding officers were chosen at random. These transcripts were analyzed and evaluated in order to determine whether questions posed to children when they testify are cognitively and linguistically appropriate. Each question in each of the eight transcripts was numbered and analyzed. The findings of the analysis were categorized in terms of whether they were cognitively and linguistically inappropriate questions. It was clear that the majority of questions put to the child witnesses were cognitively and linguistically inappropriate. It is evident from the evaluation that the manner in which the children’s evidence in court was presented and the way in which they were questioned created a communication barrier which placed a distorted version of events before the court. It is therefore recommended that full account be taken of the cognitive and language capabilities of each particular child in order to elicit reliable information during the child’s testimony. It is of the utmost importance that questioning be conducted in such a fashion so as to ensure that the child witness understands not only the content of the questions, but also what answers or responses are expected from them. At present, acknowledgement of linguistic and cognitive developmental appropriateness, concern and comprehension for the psychology of the child witness are ignored at best, and totally exploited at worst. This lack of knowledge about child development impacts adversely upon the child’s credibility in court. To elevate and enhance the credibility of children, it is of the utmost importance for society in general and court role-players in particular to appreciate the various stages and faces of child development. The main recommendation is that court role-players should make a paradigm shift and children, including victims of sexual assault, should be given the opportunity to tell their own stories in their own language supported by other methods of communication. In evaluating any possible changes, it is necessary to adopt and develop a holistic and multi-disciplinary approach based on scientific principles. A specialized system is required to deal with children in the criminal justice system and innovative methods to achieve this are necessary. There is a strong need to change or adjust the present manner in which the criminal justice system accommodates child witnesses. Such a change or adjustment will be in the best interests of children as envisaged in section 28 of the Constitution of the Republic of South Africa Act.
- Full Text:
- Date Issued: 2008
- Authors: Erasmus, Ronell
- Date: 2008
- Subjects: Child witnesses -- South Africa , Law -- Language
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10267 , http://hdl.handle.net/10948/747 , Child witnesses -- South Africa , Law -- Language
- Description: Children are often required to testify viva voce in criminal trials. The question arises whether children understand what is communicated to them during their testimony in court. In the courtroom, the witness serves as a source of information. In child abuse cases in particular, the meaningful participation of the child in court proceedings is crucial due to the fact that the child is often the key witness, or the only witness, for the prosecution. The proper evaluation of the child’s evidence, however, requires that all role-players involved in the judicial process have a sound knowledge of those aspects which deal with child psychology, especially the cognitive and language abilities of children who testify. The procedure that is followed in court is not understood by the ordinary lay person, even less by children, and the language used is formalistic and very specialized. Legal language in general often contains cognitively and linguistically inappropriate questions which prevent children from relating their stories. Furthermore their responses do not sufficiently reflect their knowledge and experience of the incident of alleged sexual assault. Court language creates serious problems for children and accordingly prevents them from being effective witnesses and taking part in the judicial process in a meaningful way. The researcher, in her capacity as a Regional Court Magistrate, realized that children have limited understanding of the criminal trial process and often become secondary victims as a result of a system that does not acknowledge their cognitive and linguistic developmental levels. The purpose of this research was therefore to test the validity of the following hypotheses: • During the examination of children in a criminal trial developmentally and linguistically inappropriate questions are posed to them; and This results in ineffective communication. Eight court transcripts of criminal cases heard in the regional courts of the Eastern Cape and Mpumalanga by different presiding officers were chosen at random. These transcripts were analyzed and evaluated in order to determine whether questions posed to children when they testify are cognitively and linguistically appropriate. Each question in each of the eight transcripts was numbered and analyzed. The findings of the analysis were categorized in terms of whether they were cognitively and linguistically inappropriate questions. It was clear that the majority of questions put to the child witnesses were cognitively and linguistically inappropriate. It is evident from the evaluation that the manner in which the children’s evidence in court was presented and the way in which they were questioned created a communication barrier which placed a distorted version of events before the court. It is therefore recommended that full account be taken of the cognitive and language capabilities of each particular child in order to elicit reliable information during the child’s testimony. It is of the utmost importance that questioning be conducted in such a fashion so as to ensure that the child witness understands not only the content of the questions, but also what answers or responses are expected from them. At present, acknowledgement of linguistic and cognitive developmental appropriateness, concern and comprehension for the psychology of the child witness are ignored at best, and totally exploited at worst. This lack of knowledge about child development impacts adversely upon the child’s credibility in court. To elevate and enhance the credibility of children, it is of the utmost importance for society in general and court role-players in particular to appreciate the various stages and faces of child development. The main recommendation is that court role-players should make a paradigm shift and children, including victims of sexual assault, should be given the opportunity to tell their own stories in their own language supported by other methods of communication. In evaluating any possible changes, it is necessary to adopt and develop a holistic and multi-disciplinary approach based on scientific principles. A specialized system is required to deal with children in the criminal justice system and innovative methods to achieve this are necessary. There is a strong need to change or adjust the present manner in which the criminal justice system accommodates child witnesses. Such a change or adjustment will be in the best interests of children as envisaged in section 28 of the Constitution of the Republic of South Africa Act.
- Full Text:
- Date Issued: 2008
South Africa and Malaysia: identity and history in South-South relations
- Authors: Haron, Muhammed
- Date: 2008
- Subjects: Critical theory South Africa -- Foreign relations -- Malaysia Malaysia -- Foreign relations -- South Africa South Africa -- Politics and government -- History Malaysia -- Politics and government -- History South Africa -- Politics and government Malaysia -- Politics and government South Africa -- Social conditions -- History Malaysia -- Social conditions -- History South Africa -- Economic conditions Malaysia -- Economic conditions
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:2780 , http://hdl.handle.net/10962/d1002990
- Description: The focus of this thesis is on the bilateral relationship between South Africa and Malaysia. The thesis appropriates ‘critical theory,’ and as a flexible theoretical tool, and, as an open-ended, loose frame in order to give voice to the marginalized and voiceless from the South. The thesis thus looks at the politico-economic ties that have been developed and brings into view the socio-cultural relations that had been established between the peoples of the two sovereign nation-states during the apartheid and post-apartheid eras respectively. The basic purpose of this study was fivefold: (a) to contribute to the extant literature that concentrates on South Africa’s relations with Malaysia, (b) to examine the relationship at political and economic ties in some detail, (c) to demonstrate that apart from the afore-mentioned bonds IR specialists should also take into account the socio-cultural dimensions of international relations, (d) to bring to light the nation-state’s limitations when discussing the role of non-state actors and considering the contributions of other factors such as globalization, and (e) to stimulate further research on bilateral and multilateral relations in the South – particularly between South Africa and other states in Asia and Latin America - that would assist to better understand the past, present and perhaps the future.
- Full Text:
- Date Issued: 2008
- Authors: Haron, Muhammed
- Date: 2008
- Subjects: Critical theory South Africa -- Foreign relations -- Malaysia Malaysia -- Foreign relations -- South Africa South Africa -- Politics and government -- History Malaysia -- Politics and government -- History South Africa -- Politics and government Malaysia -- Politics and government South Africa -- Social conditions -- History Malaysia -- Social conditions -- History South Africa -- Economic conditions Malaysia -- Economic conditions
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:2780 , http://hdl.handle.net/10962/d1002990
- Description: The focus of this thesis is on the bilateral relationship between South Africa and Malaysia. The thesis appropriates ‘critical theory,’ and as a flexible theoretical tool, and, as an open-ended, loose frame in order to give voice to the marginalized and voiceless from the South. The thesis thus looks at the politico-economic ties that have been developed and brings into view the socio-cultural relations that had been established between the peoples of the two sovereign nation-states during the apartheid and post-apartheid eras respectively. The basic purpose of this study was fivefold: (a) to contribute to the extant literature that concentrates on South Africa’s relations with Malaysia, (b) to examine the relationship at political and economic ties in some detail, (c) to demonstrate that apart from the afore-mentioned bonds IR specialists should also take into account the socio-cultural dimensions of international relations, (d) to bring to light the nation-state’s limitations when discussing the role of non-state actors and considering the contributions of other factors such as globalization, and (e) to stimulate further research on bilateral and multilateral relations in the South – particularly between South Africa and other states in Asia and Latin America - that would assist to better understand the past, present and perhaps the future.
- Full Text:
- Date Issued: 2008
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