WHAT IS COURT PREPARATION 1 COURT PREPARATION Court

WHAT IS COURT PREPARATION? 1

COURT PREPARATION • Court preparation includes: – Educational/life skills programme – Empowerment and desensitisation – Stress reduction 2

THE NEED FOR COURT PREPARATION 3

THE NEED FOR COURT PREPARATION The judicial system demands a prompt, clear and consistent report of a recognisable crime, from an effective witness. 4

WHAT IS AN EFFECTIVE WITNESS? 1. Someone who has the ability to recall information completely and accurately and communicate effectively, 2. Someone who has the ability to demonstrate an understanding of the difference between truth and falsehood, 3. Someone who has the ability to understand the lawyer’s questions and clearly indicate noncomprehension, and 4. Someone who has the ability to resist complying with leading questions. 5

THE REALITY The discrepancy between the typical process by which evidence is elicited and the developmentally sensitive process that is needed to elicit accurate information from children + The possible pre-existing trauma symptomology = “A child who is not properly prepared for the courtroom experience is apt to feel yet again victimized. ” 6

THE CHILD WITNESS ~Developmental limitations ~Trauma symptomologies ~Fears related to court 7

DEVELOPMENTAL LIMITATIONS ~Cognitive ~Moral ~Memory ~Language 8

DEVELOPMENTAL LIMITATIONS ` The highly specialized nature of the language used in court, coupled with ageinappropriate vocabulary and complex syntax, limits the child’s ability to respond with an adequate testimony. ` The child witness’s limited ability to use memory strategies necessitates preparation to equip him with retrieval skills to enhance the accuracy of his evidence. ` Child witnesses seldom understand the procedures involved in giving evidence, the roles of the court personnel and the child’s own role within this legal framework ` The child may have pre-existing perceptions of the legal system that can contribute negatively to his performance 9 in court if incorrect

TRAUMA SYMPTOMOLOGIES ~Guilt ~Fear ~Anger ~Self blame ~Dissociation ~Blunted emotion 10

TRAUMA SYMPTOMOLOGIES àsexual assault holds stigma àvictims blame themselves àsex offenders deny and rationalise their behaviour 11

FEARS RELATED TO COURT ~facing the accused ~not being believed ~losing control ~embarrassment ~angering family members 12

FEARS RELATED TO COURT ~A child’s performance in court is closely linked to fears experienced by that individual child regarding giving evidence and any related traumatic symptomologies àtestimony tested in an adversarial context àhave status of mere witnesses 13

DANGERS INVOLVED IN COURT PREPARATION MInappropriate programme content MLegal issues – acquittals based on incorrect preparation methods MChild exposed to attack under xexam MPoor programme content MLack of skill in service providers MPoor monitoring and evaluation MQuality of service rendered PROGRAMME MUST BE STANDARDISED AND RESEARCHED 14

THE OBJECTIVES OF A PREPARATION PROGRAMME 15

THE OBJECTIVES OF COURT PREPARATION ~Demystify the courtroom through education ~Reduce the fear and anxiety related to testifying through stress reduction ~Enhance the discovery of truth ~Enhance a child’s appearance of credibility ~Improve recall ~Improve understanding of questions or empower child to indicate noncomprehension ~Resist leading questions 16 ~Understand trial procedure

THE SCOPE OF PREPARATION 17

THE SCOPE OF PREPARATION ©What should court preparation include? ©Educational v therapeutic? ©Objectivity v case information? ©Victim support? ©Confidence building? 18

THE SCOPE OF PREPARATION © Evaluation of international programmes identified the following areas of focus: © To assess the needs of the child with respect to their court appearance; © To help the child understand the court process, their role in it and the roles of other participants; © To take the child to visit the court before the trial; © To provide the child with stress reduction and anxiety management techniques; © To involve the parent/caregiver; © To communicate information(including the child’s wishes) to the judicial role-players; © To keep the child and his parent/caregiver informed of the steps of the judicial process and to ensure that practical arrangements are made e. g. Transport on the day; © To accompany the child on the day he testifies; and © To debrief the child and his parent/caregiver when the trial is over. 19

THE SCOPE OF PREPARATION © SA research has identified the following areas of focus: © Introduction © Role-players © Courtroom layout © Special courtroom and the intermediary © Legal process © Competency test/Oath © Magistrate’s decision © My day in court © My job in court © Court visits © Empowerment skills © Coping skills © Using the children’s existing skills as a basis © After court 20

APPROACH Collaboration between the existing disciplines of law enforcement, social sciences, health services and court personnel, is essential “Efforts to prepare children in isolation, without interdisciplinary co-ordination, can backfire. There is a risk of undermining the goal of justice by influencing testimony, or the goal of protection by inviting charges of coaching. ” (Saywitz and Snyder 1993: 45) 21

It is essential that a child witness preparation programme becomes incorporated into existing discipline structures and not merely another agency in addition to these structures. 22

LOCATION • In court? • In prosecutor’s office? • NGO facility? • Specially designed rooms with mock court facilities? • Schools? 23

DURATION AND TIMING International guidelines: structured programmes consist of 4 to 8 sessions with 1 or 2 post-trial sessions approximately 20 minutes per session time needed to gain trust pre-preparation session to identify child’s specific needs 24

DURATION AND TIMING SA research: structured programme consisting of 9 module with 1 post-trial module approximately 1 hour per module time needed to gain trust at the beginning of each modules free standing to accommodate different abilities of service providers 25

GROUP V INDIVIDUAL SA research: Programme modules freestanding so can be presented in groups or on an individual basis Advantages to group presentation (Hidden values) 26

CONTENTS OF PREPARATION PROGRAMMES: SA RESEARCH 27

PROVIDING CHILDREN WITH SOME LEGAL KNOWLEDGE AND GIVING THEM A TOUR OF THE COURTROOM IS NOT CONSIDERED SUFFICIENT TO REDUCE THEIR STRESS AND IMPROVE THE QUALITY OF THEIR TESTIMONY 28

AMOUNT OF INFORMATION GIVEN AND METHOD USED WILL DEPEND ON THE AGE OF THE CHILD/CHILDREN IN THE GROUP 29

MODULE 1: INTRODUCTORY MODULE ¥Welcome ¥Ground rules ¥Why do people go to court? ¥Rights ¥The journey to court ¥How do people feel about going to court? ¥Closure 30

MODULE 2: WHO’S WHO? ¥Welcome ¥Ground rules ¥Who’s who ¥The court teams ¥What do people wear in court? ¥Taking care of me ¥Closure 31

MODULE 3: WHAT DO COURTS LOOK LIKE? ¥Welcome ¥Ground rules ¥What does the courtroom look like? ¥Where to find the people in court ¥What do courtrooms feel like? ¥The special courtroom ¥What does the special courtroom look like? ¥Who is the intermediary? ¥Closure 32

MODULE 4: WHAT HAPPENS IN COURT? ¥Welcome ¥Ground rules ¥What happens in the courtroom? ¥The trial timeline ¥The magistrate's decision ¥Types of decisions and their effects ¥Types of punishment ¥The guilty plea ¥Taking care of me ¥Closure 33

MODULES 5 AND 9: COURT ROLE-PLAY AND COURT VISIT ¥Welcome ¥Ground rules ¥Court role-play ¥Allocation of roles ¥Revision ¥Role-play ¥debriefing ¥Taking care of me ¥Closure 34

MODULE 6: WHAT IS AN OATH? ¥Welcome ¥Ground rules ¥Right and wrong ¥Truth and lies ¥Motivation to tel the truth ¥The oath ¥Consequences of lying ¥Taking care of me ¥Closure 35

MODULE 7: MY JOB IN COURT ¥Welcome ¥Ground rules ¥My job in court ¥Telling the truth ¥Listening to the questions ¥Answering the questions ¥Kinds of questions and how to answer them ¥Things that can happen in court ¥Court etiquette ¥Taking care of me 36 ¥Closure

MODULE 8: MY DAY IN COURT ¥Welcome ¥Ground rules ¥My day in court ¥Waking up on my court day ¥Going to court ¥Meeting the prosecutor ¥Telling your story in court ¥Going home ¥Taking care of me ¥Closure 37

MODULE 10: AFTER COURT ¥Empowerment through information ¥Congratulations 38

“Children’s ability to absorb new information is limited, particularly when they are under stress. ” (Plotnikoff and Woolfson 1998: 10) 39

HIDDEN BENEFITS OF COURT PREPARATION 40

HIDDEN BENEFITS • Research at pilots – Childline – GRIP 41

AREAS OF SIGNIFICANCE • CONFIDENCE • SELF ESTEEM AND GROUP COHESION • SUPPORT STRUCTURES • ENJOYMENT • TRUST • TAKING THE PROGRAMME HOME • ‘AM I READY FOR COURT? ’ • OTHER ISSUES 42

CONFIDENCE • • • INTIALLY CHILDREN WERE VERY WITHDRAWN NO ENTHUSIASM, NO EYE CONTACT FACILITATORS HAD TO PERSUADE THE CHILDREN TO PARTICIPATE USE WAS MADE OF REWARD INCENTIVES BY THE FOURTH/FIFTH SESSION, CHILDREN REPSONDED WITHOUT INCENTIVES MORE SPONTANEOUS COMMUNICATION AND INTERACTION BY SEVENTH SESSION, CHILDREN HAD TO BE SEPARATED AS THEY DEVELOPED CONFIDENCE AND EXHIBITED NORMAL MISCHIEVOUS BEHAVIOUR THE MORE CONFIDENT THE CHILDREN BECAME, THE MORE FUN THEY HAD AND THE MORE THEY INTERACTED AND LEARNT ONE CHILD THOUGHT TO BE DEVELOPMENTALLY DELAYED, MADE A PRESENTATION TO THE GROUP! 43

SELF ESTEEM AND GROUP COHESION • CHILDLINE FACILITATORS INTRODUCED AN EXERCISE EARLY IN THE PROGRAMME WHERE THE CHILDREN HAD TO EVALUATE WHAT THEY WERE GOOD AT • CHILDREN HAD DIFFICULTY • AS PROGRAMME CONTINUED, EXERCISE DONE AGAIN AND CHILDREN BEGAN TO RESPOND • CHILDREN EVEN HELPED EACH OTHER – SUGGESTED WHAT EACH WAS GOOD AT • STRONGER CHILDREN PROVIDED SUPPORT TO THE LESS CONFIDENT • CLEAR SENSE OF GROUP COHESION AND SHARED EXPERIENCE (NOT ABUSE RELATED) 44

SUPPORT STRUCTURES • GROUP OF CHILDREN KNEW EACH OTHER, SAME ACCUSED • AS PROGRAMME PROGRESSED, ORIGINAL GROUP STRUCTURES BROADENED • STRONGER CHILDREN ONCE AGAIN ASSISTED WEAKER CHILDREN • COURT VISIT SHOWED THE EFFECT OF THE SUPPORT STRUCTURES • ONE CHILD VERY UPSET (MOTHER DYING) • OTHER CHILDREN DID ROLE-PLAY AND THEN TOOK TURNS TO SIT WITH HER AND GIVE HER COMFORT 45

ENJOYMENT • RESEARCH INTERVIEWS CONDUCTED AFTER PROGRAMME FINISHED – CHILDREN AND PARENT/CAREGIVER • ALL THE CHILDREN TALKED ABOUT HOW MUCH FUN THEY HAD – ENJOYED STORY AND ACTIVITIES • TOOLS AND ACTIVITIES VERY COLOURFUL AND FUN TO DO • CHILDREN EXPRESSED SADNESS THAT THE PROGRAMME HAD COME TO AN END • CHILDREN WANTED TO COME BACK AND DO THE PROGRAMME AGAIN • ONE CHILD MISSED ONE MODULE AND MOTHER TOLD RESEARCHERS THAT HE HAD CRIED BECAUSE HE COULD NOT GO 46

TRUST • VICTIMS OF ABUSE/OTHER CRIMES OFTEN HAVE DAMAGED ABILITY TO TRUST • AT BEGINNING OF PRORAMME, CHILDREN WERE DISTRUSTFUL OF THE FACILITATORS AND RARELY PROVIDED INFORMATION IN RESPONSE – ESPECIALLY WITH REGARD TO FEELINGS • AS THE PROGRAMME PROGRESSED THE CHILDREN BEGAN TO FEEL SAFE ENOUGH TO SAY THAT THEY WERE SCARED TO GO TO COURT 47

TAKING THE PROGRAMME HOME • PARENTS/CAREGIVERS SAID THE CHILDREN HAD REVISED THE MATERIALS AT HOME • THEY ALSO NOTED THAT THE PROGRAMME HAD CONTRIBUTED TO CHANGES IN THEIR CHILDREN’S PERSONALITES • ONE MOTHER SAID HER CHILD HAD ‘COME BACK’ – CHILD HAD BEEN SO SAD BEFORE PROGRAMME, AFTER PROGRAMME SHE SMILED MORE OFTEN AND SEEMED HAPPIER 48

‘AM I READY FOR COURT? ’ • IN INTERVIEWS, CHILDREN ASKED HOW THEY FELT ABOUT GOING TO COURT AFTER ATTENDING THE PROGRAMME • ALL THE CHILDREN SAID THEY WERE STILL SCARED BUT FELT THEY COULD COPE BETTER NOW THAT THEY UNDERSTOOD WHAT WOULD HAPPEN, AND WHAT THEY HAD TO DO 49

FURTHER ISSUES RELATING TO IMPLEMENTATION 50

ISSUES TO CONSIDER _DOES PREPARATION AMOUNT TO COACHING? _EXPERTISE OF PROGRAMME PRESENTERS _TRAINING _QUALIFICATIONS _NUMBER OF MODULES PRESENTED 51