Quas Jodi A, Wallin Allison R, Horwitz Briana, Davis Elizabeth, Lyon Thomas D
University of California, Irvine, 92697, USA.
Behav Sci Law. 2009 Jan-Feb;27(1):97-117. doi: 10.1002/bsl.836.
Little is known about the extent to which maltreated children understand what is happening during their participation in court proceedings, despite large numbers of children coming into contact with the legal system as victims of maltreatment. In the present study, maltreated 4- to 15-year-olds were interviewed about their understanding of dependency court on the day of their scheduled court visit. Their feelings about attending their hearings were also assessed, and after their hearing, their understanding of the decisions was examined. Age-related improvements in children's understanding emerged. Also, children who were more knowledgeable about the legal system were less distressed about attending their hearings, as were younger children who had been in the system a longer time. Finally, a majority of children lacked full or accurate understanding of what actually happened during their hearings. Findings have implications for children's participation in legal proceedings and the development of interventions to facilitate children's legal understanding.
尽管有大量受虐待儿童作为虐待受害者与法律系统有接触,但对于他们在参与法庭诉讼过程中对所发生事情的理解程度,人们却知之甚少。在本研究中,对4至15岁的受虐待儿童在其预定的法庭探访日就他们对抚养法庭的理解进行了访谈。还评估了他们对参加听证会的感受,并且在听证会后,考察了他们对裁决的理解。结果发现儿童的理解呈现出与年龄相关的进步。此外,对法律系统了解较多的儿童对参加听证会的苦恼较少,在该系统中时间较长的年幼孩子也是如此。最后,大多数儿童对他们听证会上实际发生的事情缺乏全面或准确的理解。这些发现对儿童参与法律诉讼以及为促进儿童对法律的理解而开展干预措施的制定具有启示意义。