Legal Rights of Minors in Court
Minor’s Rights Compared to Adults:
The rights of minors alleged to be abused are somewhat different than those of adults. For example, an adult has a right to refuse to testify in court (right against self-incrimination). A minor does not have that privilege unless he or she is charged with a crime. Although a minor can refuse to testify in a family or juvenile court proceeding, the judge will often appoint a lawyer to represent the minor’s interests. A minor may be compelled to testify against his or her parent or guardian in a case where suspected abuse by that person is involved. The court may allow a witness to testify on behalf of the minor if it feels that a minor testifies in open court it might further traumatize the child.
Civil vs . Criminal Proceedings:
On the other hand, a minor has the right for his or her testifying to be closed to the public. Unlike criminal proceedings, where the media is allowed to witness and attend all proceedings, family and juvenile court procedures are closed. Although the prosecution in a criminal matter can call and compel a minor witness to testify, the court may appoint someone to represent that minor’s interests. In family and juvenile cases, the minor’s interests are often represented by an attorney known as a guardian. A guardian ad litem is an attorney appointed by the court to represent the "best interests" of a child in a lawsuit. The guardian, who may share a similar role as the child’s attorney, has control over the lawsuit generally, including who the lawyers are, mediation, discovery, and trial.
Circumstances Allowing Minors to Refuse Testimony
Minors may be entitled to refuse to testify or answer questions under certain circumstances. For example, some states provide that the testimony of children under the age of 14 years regarding the knowledge of their parent or guardian requires the consent of the parent or guardian and if there is no such consent then the testimony of the child or the answers of the child cannot be used against the parent or guardian.
A minor may also be entitled to refuse to testify in a court proceeding involving an allegation of sexual abuse, especially if the judicial system or the child’s parents somehow unintentionally placed the child in an intimidating position which is prejudicial to the child.
Moreover, some courts have determined that a minor who is a victim or witness of a criminal act may be considered to be incompetent due, for example, to a lack of belief in the criminal justice system.
However, the presumption is that a minor is competent to testify, and the credibility of the minor should be determined by the trier of fact. (Although generally adults may waive the right that they have to exclude minors from the courtroom while they are testifying, courts have sometimes applied the exclusion rule to protect minors even when all parties have agreed to the waiver).
A minor who is permitted to testify in a criminal case generally must take an oath prior to testifying; however, in some circumstances a minor is not required to take an oath.
Legal Protections and Psychological Considerations
Legal protections regarding the use of minors as witnesses in court are designed to protect them from harm or trauma. Ordinarily, a minor who is 14 years old or older can be compelled to testify. However, this can change if the court believes that testifying would put the child at risk of psychological harm or trauma.
When a criminal defendant is being tried, the prosecution is required to prove his or her case. This is done by having witnesses testify. Although minors can be required to testify in many circumstances, their special status as children needs to be taken into account in court on a case-by-case basis. Testimony can be very difficult for some child witnesses, especially if they have been victims of the crime. According to the Juvenile Matters fact sheet published by the Connecticut Judicial Branch, some of the most common cases that deal with minor witnesses include child sex abuse and child neglect, as well as juvenile criminal matters and custody and visitation cases.
The court has discretion to decide if a minor should be required to testify. In some cases, a judge can use evidence of the child’s mental state or the circumstances of the case to evaluate possible damage to the child if they are compelled to testify. Some judges will interview the minor in court while others will interview the child in chambers (the area outside of the courtroom). It is unlikely that a judge will discuss the matter in detail with an opposing party in presence of the minor.
Judges must consider whether the testimony will be unnecessary or cumulative, if it is protected by attorney-client privilege or a doctor-patient relationship, and if the child should be allowed to testify outside the presence of the defendant.
Role of Guardians and Legal Representatives
When a minor is present in child protection proceedings or proceedings regarding domestic violence, the role of any parent, guardian or other legal representative of the minor may include making decisions about whether the minor is to be called as a witness.
In many cases, particularly in child protection matters, the instructions of any parent or guardian may first be considered before implementing the views of the child or young person. In circumstances where a conflict exists between the wishes of the guardian or parent in relation to a minor witnessing, it is in the best interests of the minor to take the instruction of the guardian to be representative of the minor.
In order to determine whether a minor should be called as a witness , they may have to be independently advised on the evidence they give, their potential legal liability arising from their evidence, and the role that they may play in proceedings. The guardian or legal representative will ultimately make the decision.
If counsel determines that the minor should not give evidence in circumstances where their guardian or parent may think otherwise, counsel may be able to convince their guardian or parent that giving evidence will be detrimental to the minor. This may include advising about the trauma of giving evidence and cross-examination in circumstances where the minor is either rehabilitating or re-establishing a relationship with their parent.
Court Procedures for Minor Testimonies
When a minor is requested to testify in court, the court generally follows certain procedures to ensure the child is treated with understanding and respect. A court may appoint a guardian ad litem to represent the child’s best interests and to ensure that their testimony is given voluntarily and without coercion.
Before the testimony, minors may be questioned by a court official to assess their level of emotional maturity and ability to give evidence. Depending on their age and the nature of the testimony, measures such as providing a separate room for the minor or asking them to give evidence via closed-circuit television may be taken. The goal is to reduce stress on the child, provide them with necessary support, and ensure they are comfortable for the hearing.
During the court process, legal professionals may also take additional steps to avoid unnecessary trauma, such as allowing a parent or guardian to sit next to the child, providing breaks between testimony where needed, and allowing the minor to decide if and when they want to answer a particular question. All of these accommodations can help to minimize any discomfort experienced by the minor and give them more control over how the court procedure runs.
Case Studies and Examples
To understand how these rights to refuse testimony are applied in practice, consider the following scenarios:
Case Study 1: The Child Witness in a Crime Against a Minor
In a case in California, the issue was whether a three-year-old could testify in a sexual abuse trial against the mother’s live-in boyfriend. The three year old had witnessed the incident and was the only witness to the crime. The accused had been charged with aggravated sexual assault of an infant. The defense attorney filed a motion to err on the side of caution to determine if the child would be competent to testify. The court appointed a psychiatrist with forensic experience. After interviewing the child, as well as the mother and accused, the psychiatrist recommended that the child be declared competent.
On the prosecutor’s motion, the court stated that it was under no obligation to follow the opinion of the psychiatrist, but that the child was competent based on an analysis of the factors below:
Here, the child knows who she is, what role she played in the event, and is capable of understanding and responding to basic questions. She has sufficient cognitive ability to provide valuable and reliable testimony for a criminal prosecution. In affirming the decision on appeal, the California Supreme Court held that the child was competent to testify.
Case Study 2: Refusing to Testify Against a Parent
In a Texas case , a mother was convicted of injury to a child, alleging that she had caused bruises to her five-year-old son. The mother appealed the verdict on the grounds that the lower court abused its discretion by ordering her to testify at trial. When she refused to comply, the court ordered her to return the next day or be held in contempt.
The Court of Appeals found that the Texas statute relating to witness testimony requires that the competency of a witness, including a non-custodial parent, who is a minor be determined by a jury. In this case, the trial court failed to have the jury determine the competency of the child witness.
As a result of this failure, even though the child did not want to testify against his parent, the Court of Appeals upheld the conviction and sentence because the case was reversed and remanded for a new trial which involved a jury determination of competence.
Conclusion
As established in the above case studies, most states require that the trial judge make a determination as to the competence of a minor to testify and that determination is not appealable. It is important for you to know these laws in the event you or your child is questioned by law enforcement in a situation where you believe that criminal charges may be filed against the other party.