PSYC 376 Lecture Notes - Lecture 7: Tag Question, Canada Evidence Act, Tender Years
20 Mar 2017
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If a child is not competent, then the evidence will not be given to jury. Unless the evidence is heard as a hearsay witness. Understand the degree of solemnity in their testimony: unsworn testimony -> promise to tell the truth. The same weight of sworn and unsworn testimony now in courts. Prior to about 1779, children were not permitted to testify. 1779 (the king v. brassier) - must understand the oath. 1893 - allowed unsworn testimony that was corroborated with independent evidence that identified the perpetrator. In many cases of child abuse there is no corroborating evidence. Most young children could not qualify to take an oath and so were unsworn witnesses. Identify the prevalence of sexual assault cases legal response was profound silence report concludes that all existing reporting systems are ineffective in identifying the occurrence and circumstances of child sexual abuse.
