Making kiddies at home in court: Supporting child witnesses, in twentieth century Australian courtrooms
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Contemporary legal systems allow child witnesses to give their evidence without ever entering a courtroom. Twentyfirst century video technology is used in recognition of the potential risk of secondary trauma associated with appearing in court. By contrast, it has been claimed that legal systems traditionally gave little support to child witnesses or prepared them for court. But was this the case? Drawing on case law, legislation, archival material and newspaper reports, this article examines support given to child witnesses from the outset of the twentieth century. It argues that there was widespread awareness of the challenges child witnesses faced in court and the impact that this could have on the administration of justice. It also argues that, for much of the twentieth century, courts regularly adapted courtroom procedure to support child witnesses, but did so informally as a matter of common sense. Recognising such support, and the circumstances in which it was provided, contributes to our understanding of the capacity for criminal justice systems to support child witnesses well before research recommended such measures and legislation made them mandatory.
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law&history
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4
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1
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Criminology
Historical studies
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Blewer, R, Making kiddies at home in court: Supporting child witnesses, in twentieth century Australian courtrooms, law&history, 2017, 4 (1), pp. 62-87