Randell Isabel, Seymour Fred, Henderson Emily, Blackwell Suzanne
School of Psychology, University of Auckland, Auckland, New Zealand.
Henderson Reeves Connell Rishworth, Whangarei, New Zealand.
Psychiatr Psychol Law. 2017 Dec 11;25(3):357-373. doi: 10.1080/13218719.2017.1396866. eCollection 2018.
For effective provision of justice it is important that young witnesses are involved in criminal trials, yet participation may be detrimental to their well-being and presents challenges for gaining full and accurate evidence from them. Innovations in court processes intended to support the well-being of young witnesses should, amongst other considerations, be informed by the perspectives and experiences of those whom they are intended to assist. The participants in the current study consisted of young complainant witnesses who were involved in criminal court trials for sexual offences, along with their parents or caregivers. Semi-structured interviews with individual participants were conducted. Audio recordings of interviews were then transcribed and analysed using thematic analysis. Nine themes were identified in the data: (1) pre-trial delay makes everything worse, (2) uncertainty is difficult and being prepared is important, (3) cross-examination is stressful, (4) having a voice is a positive aspect of the trial, (5) the possibility of seeing the defendant is stressful, (6) for parents, putting on a brave face and being a supporter is challenging, (7) young witnesses feel exposed by the court process and family members feel exposed to details of the offending, (8) support is critical, and (9) families place importance on the verdict and sentencing. The findings are considered within the New Zealand context as well as other jurisdictions, and recommendations are made.
为了有效地实现司法公正，让年轻证人参与刑事审判很重要，但参与可能对他们的福祉有害，并且在从他们那里获取完整准确的证据方面存在挑战。旨在支持年轻证人福祉的法庭程序创新，除其他考虑因素外，应以其旨在协助的人的观点和经验为依据。本研究的参与者包括参与性犯罪刑事法庭审判的年轻投诉证人及其父母或照顾者。对个体参与者进行了半结构化访谈。然后对访谈录音进行转录，并使用主题分析进行分析。数据中确定了九个主题：(1)审前延误使一切变得更糟，(2)不确定性很难应对，做好准备很重要，(3)交叉询问压力很大，(4)有发言权是审判的一个积极方面，(5)有可能见到被告很有压力，(6)对父母来说，强装勇敢并成为支持者具有挑战性，(7)年轻证人感到法庭程序让他们暴露无遗，家庭成员感到接触到犯罪细节，(8)支持至关重要，(9)家庭重视判决和量刑。研究结果在新西兰以及其他司法管辖区的背景下进行了考量，并提出了建议。
