Is there an algorithm for truth? Criteria for establishing the credibility of children’s statements

• In Event: The young adults and juveniles in the Romanian justice system – perceptions, profile and conduct during the trial

Abstract

In a vast array of cases, whether children are interviewed as victims of a crime or witnesses, their statement may be a fundamental piece of evidence in determining the guilt of the accused. However, interviewing children and assessing the credibility of their statement can raise many issues, some based in factual differences regarding the way in which children’s memory operates, while some based on myths that have proliferated regarding how children act when interviewed.
The presentation is mainly based on critically assessing current literature regarding the subject of the criteria relevant for establishing the credibility of children’s statements. The goal is to verify whether coherent guidelines on the validity of statements made by children can be established or whether it is fundamentally impossible to arrive to any relevant principles given the sheer variety of manners in which children act when faced with a judicial interview.
In order to achieve this goal, we will first discuss, if, in fact, analysing a child’s statement should be fundamentally different to analysing an adult’s statement. Secondly, we will analyse conflicting opinions in current literature on markers of credibility and critically assess them. Finally, we will present our conclusion on the possibility of delineating a coherent theory on assessing children’s statements and determining their serviceability in establishing the truth in criminal cases.
The answer the question posed can greatly influence the manner in which criminality is treated by judicial authorities, especially in cases concerning children witnesses.

Author

• George-Cristian Ioan, Faculty of Law, University of Bucharest