Legal Question in Criminal Law in Indiana

Rights of Children Testifying in Court

I want to know what are the rights of children testifying in court? Do parents have the right to reject a child from testifying in court even though the child is consider a suspect? Could the paternal parent be sue in civil court by the plantiff for obstucting justice? Can courts issue a polygraphy test on children that are younger than seven years old?


Asked on 6/26/01, 8:36 pm

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Rights of Children Testifying in Court

While a more focused answer could be given where additional facts were known, generally, there are considerations in this area.

Where a child is very young, the issue of the child really knowing the meaning of telling the truth and a lie is important along with some idea of consequences of telling a lie. If this doesn't exist there may be a problem with using the child as a witness.

Some courts will allow the child to be questioned out side the court room and video taped. The purpose being not to traumatize the child by having to face a great number of strangers which could be intimidating.

If a child is a suspect, he or she may not be compelled to tesify against themselves. They are entitled to have a parent, attorney or both present should authorities wish to question them pursuant to an investigation.

No one ever need be compelled to take a polygraph. They are still regarded as less than reliable. This applies to adults and childern.

Obstruction of justice is a crime to be acted upon by the state.

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Answered on 7/01/01, 12:48 pm


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