From The Child’s View

From a child victim’s standpoint, a high quality interview may help resolve a case without the child ever having to physically come to court, which might force the child to confront his or her abuser. In addition, video adds to the credibility of the case and documents exactly how the child disclosed, as well as the types of interview questions that were used.

Video Of Child Abuse Interviews Increases Confessions

There are understandable concerns that allowing the accused to watch the child abuse interview re-victimizes the child. For this reason, most prosecutors who use videoed child interviews set limits that fall short of releasing the video to the defense attorneys. Generally, the video is watched in judge’s chambers by the judge, the defense attorney, and possibly the defendant. Being confronted with video testimony tends to elicit a higher number of confessions, and this seems to hold true in child abuse cases, as well.

Using A Video System Protects Children

While the Supreme Court has made statements in support of videoing child interviews, they’ve thus far stopped short of mandating it. This means, of course, that responsibility for deciding whether recordings are required falls to the states. If your state doesn’t have any laws mandating recorded interviews, you’re in the clear, right?

Wrong.

In a recent court case in Macomb County, Michigan, a defense attorney challenged the prosecutor’s office for failing to video the testimony of the victim. The attorney argued that there might have been exculpatory value to such a recording, and that their defense had been deprived access.

Anyone considering video for their CAC should take note of this story. In Maycomb County, the prosecutor didn’t choose to video child interviews. However, approximately 15 out of Michigan’s 22 Child Advocacy Centers did. This had the effect of setting a precedent, leaving those that didn’t conform labeled as outliers.

The question is not whether your state agencies are moving toward increased use of video, but when. As video becomes a routine tool, you may be asked why you’re not using it yet. Integrating digital recording into your workflow now enables you to set your own policies for how and when video will be used and disseminated…and maybe even set precedents that will be adopted by others.