151determine if she would be so traumatized as to incapacitate her communication
abilities that it would warrant the use of closed-circuit television.
Goodman ct at. (1998) conducted a study comparing children's testimony both in
the courtroom and via closed-circuit television (CCTV). They found that CCTV
reduced suggestibility for younger children and that these children made fewer
errors related to misleading questions when compared to those testifying in the
courtroom. Closed-circuit television overall fostered more reliable testimony in
children. The authors also concluded that in the CCTV situation, the defen-
dant had no greater chance of being convicted, and the trial was not identi-
fied as being more unfair to the defendant. However, jurors in the study re-
ported that children testifying by CCTV were considered less believable, even
though they actually were more accurate, than children testifying in the court-
room.
There are many issues that can affect the reliability of children's testimony. It
appears that the stress and trauma of testifying can reduce reliability. In the case
illustration, Martha likely has legitimate fears about facing her alleged abuser, and
these fears could decrease the reliability of her testimony.Forensic Psychology and Policy ImplicationsThe issue of whether children are competent witnesses seems to rest solely with
judges. This allows judges a great deal of discretion in making decisions that may
have psychological implications. The requisite abilities for a child to be deemed
competent are psychological in nature, yet judges rarely involve mental health pro-
fessionals in their decision-making process (J. E. B. Myers, 1993b). Forensic psy-
chologists should become involved in these types of cases, especially when a judge
is uncertain. If they do not provide expert testimony, they could at least educate
the court on psychological issues relevant to competency for child witnesses. In
the case illustration, a forensic psychologist could offer the judge information as to
whether Martha possesses the necessary abilities to testify.
Another important implication is to reduce the level of trauma and stress that
children endure when they must testify, especially in abuse cases. One approach
offered is to prepare children by providing a tour of the courtroom and teaching
them information about the legal system. This would need to be conducted in age-
appropriate language and may reduce their anxiety and thus increase the reliability of
their testimony (Saywitz, 1995). Policies need to be developed to ensure that these
children are not further traumatized, while at the same time keeping in mind the
constitutional rights of the defendant. Although closed-circuit television appears to
be one possible solution, it is not currently standard procedure due to constitutional
dilemmas. However, more solutions like this must be implemented so that children
can provide reliable testimony.