We get calls from time to time from callers wanting to know if very young children (ten years or younger) will be able to testify in court and more importantly if any weight will be given to their testimony. Many times this question will come up in sex cases or child abuse cases where the alleged victim is very young. Also, many times very young children may be called testify if they were witness to an alleged act of domestic violence that may or may not have occurred at home, in their presence.
The answer to these questions is yes. First, very young children may certainly testify in court. Depending on the age of the child, this can be a little tricky (and there are different ways to make this happen), however, they may certainly testify. Also, a juror can give proper weight to the testimony of such a child, as a juror should not simply discount the testimony of a very young child simply do to their age. In fact, there is a very specific jury instruction that addresses this issue. It reads as follows:
“In evaluating the testimony of a child ten years of age or younger you should consider all of the factors surrounding the child’s testimony, including the age of the child and any evidence regarding the child’s level of cognitive development. A child, because of age and level of cognitive development, may perform differently than an adult as a witness, but that does not mean that a child is any more or less believable than an adult. You should not discount or distrust the testimony of a child solely because he or she is a child. ‘Cognitive’ means the child’s ability to perceive, to understand, to remember, and to communicate any matter about which the child has knowledge.”
We hope that the information in this blog gives you some helpful insight into the ability of very young children to testify in court. If you or a loved one needs assistance with any criminal defense matter call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their criminal defense matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.
