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dc.contributor.authorSchultz, Karen
dc.contributor.editorTC Beirne School of Law, University of Queensland
dc.date.accessioned2017-05-03T15:03:44Z
dc.date.available2017-05-03T15:03:44Z
dc.date.issued2004
dc.date.modified2009-08-30T23:14:27Z
dc.identifier.issn00834041
dc.identifier.urihttp://hdl.handle.net/10072/25452
dc.description.abstractWhat substantive criteria do Queensland judicial officers prefer for competence tests for non-accused child witnesses in criminal proceedings? Are competence tests for sworn and unsworn evidence distinguishable? This paper is the second reporting a suite of questions concerning competence, in a survey of Queensland judicial officers. This suite focussed on three general questions of interest: the referability of competence tests to the Queensland legislation; the substantive criteria of competence tests for sworn and unsworn evidence; and the formal framing of competence tests. Two question-types were included - judicial officers signalled, in closed-ended questions, the importance that listed criteria 'should' bear to competence tests, and, in open-ended questions, the questions they 'would' put in competence tests. Question-type seemingly affected some judicial responses. For sworn evidence, a child's understanding of an oath was assigned low importance in closed-ended questions (in two formulations), but high importance in open-ended questions. For unsworn evidence, a child's understanding of a promise was assigned extremely high importance in closed-ended questions (in two formulations), but low importance in open-ended questions. Consonant with law reform endeavours, both empirical and theoretical issues are traversed in this article.
dc.description.peerreviewedYes
dc.description.publicationstatusYes
dc.languageEnglish
dc.language.isoeng
dc.publisherTC Beirne School of Law, University of Queensland
dc.publisher.placeSt Lucia, Queensland
dc.publisher.urihttp://www.heinonline.org/
dc.relation.ispartofpagefrom134
dc.relation.ispartofpageto169
dc.relation.ispartofissue1
dc.relation.ispartofjournalUniversity of Queensland Law Journal
dc.relation.ispartofvolume23
dc.subject.fieldofresearchLaw
dc.subject.fieldofresearchcode1801
dc.titleThe Content of Competence Tests: Queensland Judicial Perspectives on Non-Accused Child Witnesses in Criminal Proceedings, Part 2
dc.typeJournal article
dc.type.descriptionC1 - Articles
dc.type.codeC - Journal Articles
gro.date.issued2004
gro.hasfulltextNo Full Text
gro.griffith.authorSchultz, Karen


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