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General Information Overview

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Individual Curriculum Format

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Group Curriculum Format

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Booster Curriculum Format

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Program Handouts

You’re Not Alone Child Witness Court Preparation Program Guide 

Curriculum for a Child Witness Court Preparation Program 

Written by Lynn Barry (Olivier), M.S.W. 

Copyright © 1995 The Canadian Society for the investigation of Child Abuse; updated September 2007

All rights reserved. No part of this work, except Handouts and Forms, may be reproduced in any form or by any means – graphic, electronic, electrostatic, or mechanical – without the prior written permission of the Canadian Society for the Investigation of Child Abuse, P.O. Box 42066, Acadia Postal Outlet, Calgary, Alberta, Canada, T2J 7A6, telephone: (403) 289-8385, e-mail: csica@shaw.ca

Reviewed by Derek McGregor, M.S.W, R.S.W. and Valerie Naslund, M.S.W., R.S.W.

Edited by Diana Hodge McGregor, B.Sc.

Preparing Children to Testify as Witnesses in Court 

The curriculum outlines in this manual is a collection of court preparation strategies developed by experienced court preparation facilitators. The methods outlined here have been derived from a clinical program operating in Calgary, Alberta, Canada. 

This curriculum is not meant to reflect the right or only way to prepare children for court. Instead, it offers facilitators a selection of strategies and a process that has proven successful in delivering court preparation services. Court preparation facilitators are encouraged to modify, rearrange and bring their own creativity to the curriculum as their own programs evolve over time. 

The curriculum format identifies the content to be taught in each session with accompanying teaching strategies. The strategies provide time frames, activities and suggested teaching tools. 


   
To assist facilitators in implementing the curriculum, the following terms have been used throughout: 

“Present” implies a “lecturette” or the presentation of new information. 

‘Instruct” refers to the instructions given the participants by a facilitator to complete a specified task or activity. 

“Display” refers to a visual demonstration of material, either through the use of flip chart or an overhead projector. 

“Discuss“ refers to an interactive verbal exchange between facilitators and participants. 

There are alternate methods for teaching the curriculum to children of different age groups. 

To help facilitators keep track of their time, suggested timelines are included throughout the curriculum for each topic. Under the header for each of the sessions, the top number refers to the suggested time required to cover the particular topic. The bottom number gives the cumulative time at the end of the topic. 

With respect to gender issues it is recognized that child victims and witnesses can be both male and female. However, in the interest of simplicity, for each session of the curriculum reference is made to only one gender of child participants. The gender alternates with each session. In addition, efforts have been made to use both genders when referring to the accused and to various courtroom personnel. 

Remember that the delivery of a successful community program depends on more than the delivery of the curriculum. It is also critical that there be solid community support, financial backing and adequate resources, qualified staff, documentation standards, and an organized administrative system. 

This curriculum manual has been tailored to address five different formats including: 

1. Individual Session: for facilitators to prepare a child for court on a one-to-one basis. The format consists of three 1 hour sessions. 
2. Group Curriculum for Six Sessions: for facilitators to prepare parents with one 3 hour parent session and children with five 1- ½ hour sessions. 
3. Group Curriculum for Four Sessions: for facilitators to prepare parents with one 1-1/2 hour session and children with three 1-1/2 hour sessions 
4. Booster/Refresher Session: for facilitators to prepare parents and children in one 2-1/2 hour session. 
5. Preparation using the Online Website (www.childcourtprep.com)

Your program has to survive the scrutiny of the courts and defence counsel. Therefore, competent, trained facilitators are required who will not jeopardize a child’s case because of inappropriate court preparation. It is critical for the credibility of your child witness court program that each of the facilitators is fully trained about the following issues:

Never allow the child to discuss the specifics of his/her case.
Rationale: It could be argued that a child’s evidence was contaminated through discussion of his/her testimony. During court preparation, if a child spontaneously discusses an offence, it is critical that the facilitator tactfully terminate that discussion.

Never identify where the accused will sit in the courtroom.
Rationale: In court, the onus is on the child to identify the accused based on recognition and not because the child knows where the accused is expected to sit.

Do not allow any personal feelings to interfere with court preparation.
Rationale: Any feelings that you have about child abuse, court, or the fairness of the justice system will inevitable be communicated to the child witness. Make sure that any of your past personal or professional issues are satisfactorily resolved so that the session is neutral and objective in nature. Children generally want to please adults, and they can be easily influenced. A child’s testimony can reflect prejudices picked up from the facilitators.

Never say anything derogatory about anyone, particularly the accused or the defence lawyer. Speak neutrally about everyone.
Rationale: Your approach must be very professional, and should not prejudice the child in any way.

Do not make false promises.
Rationale: Facilitators must not raise expectations that certain court procedures will occur (i.e., the screen being used) or that certain court outcomes will result (i.e., the conviction of the accused). These types of decisions are the jurisdiction of the Crown prosecutor and the judge and are made on a case by case basis.

Do not make promises to a child such as indicating he/she will be taken out for lunch if he/she provides good testimony.
Rationale: It could be argued that these are inducements or bribes for the child to behave in a certain way. Simply tell the child to tell the truth and to do his/her best.

Do not counsel or provide therapy to a child.
Rationale: It is east to feel distressed that a child is the victim of a crime and must testify in court. Refer the child to appropriate treatment personnel if therapy is required. This is not a therapeutic program. Facilitators must retain their neutrality.

If you are a child’s therapist, it is strongly suggested that someone else provide court preparation services for the child (i.e., a reciprocal trade with another therapist.) If that is not possible, ensure that your court preparation sessions are clearly identified as such and do not blend into therapy sessions. If therapeutic issues arise, advise the child that you will deal with them in a future therapy session.

Do not identify body parts.
Rationale: Children testifying in sexual abuse cases in particular must use their own words and must not be coached in this area whatsoever. A discussion of body parts is not appropriate as it can contaminate the child’s evidence and testimony.

Be aware that all documentation related to court preparation can legally be made available to the defence lawyers and the court.
Rationale: All court preparation material can potentially be subpoenaed by the courts. Documentation should be completed in a professional manner and should deal primarily with court preparation strategies. Concerns about a child’s abilities should be discussed with police and Crown prosecutors verbally.

Facilitators should follow a standardized curriculum that is well researched and meets the expectations of the criminal justice system.
Rationale: If you are required to defend your preparation strategies in court, facilitators can argue that it has been their standard practice to follow a field-tested curriculum. A recognized curriculum ensures that facilitators are training to a minimum standard across the province or country.

Facilitators must receive a standard training orientation.
Rationale: It is critical that you do not inadvertently jeopardize court cases as a result of inadequate knowledge or training about the criminal justice system and proper court preparation procedures.

Document the activities and strategies used to orient and prepare each child for court.
Rationale: Should a facilitator be required in court to discuss court preparation, he/she can refer to the notes made after each session to outline the strategies that were used at the time. Documentation should be kept on file at least until cases are resolved and appeal deadlines have passed.

Whenever feasible, use two facilitators to assist in the preparation of a child.
Rationale: The use of two facilitators allows one facilitator to testify on behalf of the actions of another facilitator, should there be a question in court about the occurrences in a session.