IngentaConnect The effect of a judicial declaration of competence on the perceiv...

Authors: Connolly, Deborah A.¹; Gagnon, Nathalie C.¹; Lavoie, Jennifer A.¹

Source: Legal and Criminological Psychology, Volume 13, Number 2, September 2008 , pp. 257-277(21)

Publisher: British Psychological Society

Abstract:

Purpose

Three studies were conducted to determine the effect of a judicial declaration of competence on perceptions of credibility towards a child witness and an adult defendant.

Methods

Undergraduates read vignettes about a 5- or a 13-year-old child witness or an adult involved in either a sexual assault case or a motor vehicle accident case. In the child conditions, the case was either preceded by a declaration of the child's competence to testify (either specific or general declaration) or there was no mention of the competence of the child. Participants then rated the perceived credibility of both the complainant/witness and the defendant.

Results

A judicial declaration of competence that was targeted at the particular child sometimes increased the credibility ratings of the child and decreased those of the defendant, sometimes to levels beyond those observed in the adult conditions. These effects on credibility were not replicated when a general declaration of all children's competence was used. In fact, the general declaration sometimes resulted in more positive ratings of the defendant.

Conclusions

These results are discussed in the context of recommendations for the use of competence evaluations and declarations of competence in court.

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The effect of a judicial declaration of competence on the perceived credibility of children and defendants