Children as Victims, Witnesses, and Offenders

This scholarly book provides the clinician with essential background information about children who appear in court proceedings as a victim, a witness, or a defendant. Research data form the basis for the discussions of children’s capacities, competencies, and vulnerabilities within the judicial system. All chapters are well referenced, with research data juxtaposed with courtroom vignettes. The vignettes are based upon the legal system in the United States but that does not detract from the research conclusions about children and adolescents within the legal system, which are equally applicable to Canadian court proceedings.

The book is divided into two sections. The first section addresses children as victims and witnesses. In Canada, one in three girls and one in six boys has experienced an unwanted sexual act, and four out of five incidents of sexual abuse occur before the age of eighteen; a vast majority (95%) of child sexual abuse victims know their perpetrator (The Canadian Badgley Royal Commission Report on Sexual Offences Against Children and Youth, 1984). Every child and adolescent psychiatrist has the potential for receiving a disclosure of abuse or neglect and therefore may be called upon to testify in court or have patients who will have to testify in court.

Several chapters in “Children as Victims, Witnesses, and Offenders” are particularly useful for the clinician who is not a specialist in forensic psychiatry. In particular, the chapters on forensic interviewing and giving expert testimony are useful introductions to the legal system. The legal system does not operate within the medical model and it is important for the clinician to understand the differences between the two systems before entering into the legal process. Another chapter on jurors’ perception of children who appear as witnesses provides valuable insights into the legal process as does the chapter on adults’ perspectives on juvenile offenders. A chapter on child victim and witness research stressed the point that research may not reflect all victims, and can reflect only those who disclose abuse.

In Canada, between 15% and 33% of all sex offences are committed by persons less than 21 years of age. Prison statistics demonstrate that one in seven of those imprisoned for sexual offenses against children was under the age of 21 at the time of their offense (Health Canada, National Clearing House on Family Violence, 1997). The second section of the book under review addresses children as offenders. This section provides a useful discussion of possible mechanisms whereby abused and neglected children become offenders. It also discusses differences between boys and girls who become offenders. This is complimented by a chapter on special issues related to girl offenders who are the fastest growing segment in the juvenile justice population (page 334). The chapter on police interrogation and the potential for false confessions links back to an earlier discussion of interviewing victims and the potential for false allegations.

Many youth who are charged with criminal offenses are tried in adult criminal court. Recently there has been a shift from an attitude of youth in the juvenile justice system needing rehabilitation to a focus on punishment (page 295). The information in the chapter on transfer of youth from the juvenile justice system into the adult system is very informative. Another chapter in this section addresses the perception of adults regarding juvenile offenders.

The establishment of a separate criminal justice system for youth was based on the premise that youth who appear in the justice system need remediation through therapeutic interventions because normal development had gone awry (page 313). In recent years there has been a greater emphasis on punishment. This book provides a valuable discussion of reconciling responsibility and accountability for criminal behaviour with therapeutic interventions reflecting the two- to three-fold higher prevalence of mental health problems in youth within the justice system in comparison to youth who are not in the justice system (page 318).

Children as Victims, Witnesses, and Offenders is a useful comprehensive reference book for child and adolescent psychiatrists. The book provides a developmental perspective regarding children’s capacities as they relate to the expectations of a victim, witness, or offender in the justice system. It also provides a clear understanding of what the psychiatrist needs to know in order to work effectively within the justice system.