People with learning disabilities as witnesses in court: what questions should lawyers ask?

By: Kebbell, Mark R.
Contributor(s): Hatton, Chris [et al].
Series: British Journal of Learning Disabilities 29 (3) 2001: 98-102.Publisher: 2001Content type: text Media type: unmediated Carrier type: volume Subject(s): LEGAL PROCEEDINGS | WITNESSES | INTERVIEWS | COURT PROCEEDINGS | EVIDENCESummary: The authors analysed the transcripts of 16 court cases involving witnesses with an intellectual disability and 16 matched court cases involving witnesses without an intellectual disability. On the basis of this information and previous research they discuss: (1) the strengths and vulnerabilities of people with intellectual disabilities as witnesses in court; (2) the kinds of questioning used by lawyers in courtrooms which can cause problems for witnesses with intellectual disabilities; and (3) guidance for practitioners concerning alerting the judge to their role in preventing constraining and coercive lawyer questioning in court.
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The authors analysed the transcripts of 16 court cases involving witnesses with an intellectual disability and 16 matched court cases involving witnesses without an intellectual disability. On the basis of this information and previous research they discuss: (1) the strengths and vulnerabilities of people with intellectual disabilities as witnesses in court; (2) the kinds of questioning used by lawyers in courtrooms which can cause problems for witnesses with intellectual disabilities; and (3) guidance for practitioners concerning alerting the judge to their role in preventing constraining and coercive lawyer questioning in court.

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