152 6 Court and the Legal System—Juvenile Forensics
Suggestions for Future Research
Much of the research on children's testimony has focused on suggestibility of child
witnesses, yet an important area related to reliability that should be examined is
whether increased levels of suggestibility influence children's capability to offer
reliable testimony (Ceci & Bruck, 1993). Since children are increasingly being relied
upon to provide testimony. Research must find the optimal techniques that limit
the emotional stress that could compromise the reliability and credibility of their
testimony (K. Bussey et al., 1993). Research on this topic should also examine which
of these situations will provide a fair trial. It seems that closed-circuit television is a
step in that direction, yet there has not been enough empirical analysis to reach any
definite conclusions (Batterman-Faunce & Goodman, 1993). Continued research
needs to be done on CCTV as a possible solution to the problem of traumatizing
children and whether it provides a fair trial. Another focus of research should be
how to prepare children to testify more competently and with minimal stress (J. E.
B. Myers, 1993a). If it is found that closed-circuit television is an unfair procedure,
then children will have to continue to face their alleged abusers in court and will
have to provide reliable testimony.
BEST INTERESTS OF THE CHILD DOCTRINE
Introduction
The Best Interests of the Child doctrine was established in the legal system to
determine the components of child custody that will provide the best environment
for a child's adjustment and development (Kelley, 1997). According to Mason (as
cited in Skolnick, 1998), approximately 50% of children born in 1990 will become
involved in a child custody case. The Best Interests of the Child doctrine is typically
invoked during an adversarial divorce, which is the reason for most custody disputes
(Kelley, 1997; Skolnick, 1998). Divorce can have significant consequences for the
child, and the purpose behind the best interests doctrine is to consider which adult
can provide the most positive relationship with and the best environment for the
child (G. Miller, 1993). Although positive aspects of the doctrine have been noted,
including the idea that every decision can focus on an individual child's need and
that it permits society to address shifting morals, values, and situations (Kelley, 1997),
much of the literature highlights the standard's limitations.
Joe and Sarah have three children, ages 6, 10, and 13. The two youngest are girls,
and the oldest is a boy. The parents have abused both drugs and alcohol. In addition, Joe
went to prison several years ago for committing a sexual offense against a 12-year-old
girl. Sarah remained married to Joe during this time but began having an affair with a
coworker by whom she became pregnant. While Joe was in prison, their children were