성학대 피해자 아동의 법적 개입에 대한 발달심리학적 고찰: - 영미권의 학술 연구들을 중심으로 -
Investigation of the Legal Involvement on Child Victims of Sexual Abuse : Focused on Britain and the United States's Literature
0
조회
0
다운로드
1
인용
0
참고문헌
키워드
초록
A growing body of literature concerning the effects of legal involvement on child victims of sexual abuse and maltreatment reveals first that children are able to take part in legal proceedings, which includes getting on the stand and testifying in court. The purpose of this paper is to review key findings from a number of emerging bodies of recent research related to this issue specially in developmental psychology. It provides a brief description of characteristics and experiences of children most likely come into contact with the legal system as victims of or witnesses to serious crime. It was also discussed findings concerning children’s reactions across ages to legal involvement, both initially and over time. Throughout this paper, it describes procedural modifications and interventions that have been developed to reduce potential adverse effects of legal involvement on children, particularly focused on the literature and actual case examples from the United Sates and the United Kingdom. Finally, significant suggestions are offered for future research needs in Korea in terms of the ways in which reasonable and desirable legal involvement on children who severely experienced maltreatment or sexual abuse.
Abstract
A growing body of literature concerning the effects of legal involvement on child victims of sexual abuse and maltreatment reveals first that children are able to take part in legal proceedings, which includes getting on the stand and testifying in court. The purpose of this paper is to review key findings from a number of emerging bodies of recent research related to this issue specially in developmental psychology. It provides a brief description of characteristics and experiences of children most likely come into contact with the legal system as victims of or witnesses to serious crime. It was also discussed findings concerning children’s reactions across ages to legal involvement, both initially and over time. Throughout this paper, it describes procedural modifications and interventions that have been developed to reduce potential adverse effects of legal involvement on children, particularly focused on the literature and actual case examples from the United Sates and the United Kingdom. Finally, significant suggestions are offered for future research needs in Korea in terms of the ways in which reasonable and desirable legal involvement on children who severely experienced maltreatment or sexual abuse.
참고문헌 (51)
- 원혜욱, "대법원 판례를 통해 본 성폭력 피해아동 증언의 인정여부", 피해자학연구, 15(2), pp.239~256 (2007), 한국피해자학회
- 손윤목, "성폭력피해 아동의 법률적 보호대책에 관한 연구", 석사, pp.2010
- 형사절차상 성범죄 피해아동의 보호방안, "황만성", 한국형사정책연구원, ~ (2004)
- Batterman-Faunce, J. M., "Effects of context on the accuracy and suggestibility of child witnesses, In Child victims, child witnesses: Understanding and improving testimony", pp.301~330 (1993), Guilford Press
- Berliner, L., "The effects of disclosure and intervention on sexually abused children", Child Abuse & Neglect, 19, pp.371~384 (1995)
- Block, S., "Abused and neglected children in court: Knowledge and attitudes", Child Abuse & Neglect, 34(9), pp.659~670 (2010)
- Bottoms, B. L., "Perceptions of children's credibility in sexual assault cases", Journal of Applied Social Psychology, 24, pp.702~732 (1994)
- Compas, B. E., "Coping with stress during childhood and adolescence: Progress, problems, and potential in theory and research", Psychological Bulletin, 127, pp.87~127 (2001)
- Cooper, A., "Maltreated and nonmaltreated children’s knowledge of the juvenile dependency court system", Child Maltreatment, 15, pp.255~260 (2010)
- Cashmore, J., "Innovative procedures for child witnesses, In Children’s testimony: a handbook of psychological research and forensic practice" (2002), John Wiley & Sons
- Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse Report, "Council of Europe", ~, pp.Council of Europe Treaty Series No 201 (2007)
- Cross, T. P., "Child forensic interviewing in children’s advocacy centers: Empirical data on a practice model?", Child Abuse & Neglect, 31, pp.1031~1052 (2007)
- Cross, T. P., "The multi-sit evaluation of children’s advocacy centers: Overview of the results and implication for practice. OJJDP Crimes Against Children Series. Bulletin" (2008), Office of Juvenile Justice and Delinquency Prevention
- Edelstein, R. S., "Child witnesses' experiences post court, In Children's testimony in context", pp.261~278 (2002), Wiley
- Eltringham, S., "The extent of children’s knowledge of court as estimated by guardians ad litem", Child Abuse Review, 9(4), pp.275~286 (2000)
- Faller, K. C., "Interviewing for child sexual abuse: Controversies and best practice" (2007), Oxford University Press
- Goodman, G. S., "Childhood trauma and memory", Annual Review of Psychology, 61, pp.325~351 (2010)
- Goodman, G. S., "Testifying in criminal court: emotional effects on child sexual abuse victims", Monographs of the Society for Research in Child Development, 57(5) (1992)
- Goodman, G. S., "Face to face confrontation: Effects of closed circuit technology on children's eyewitness testimony and juror s decision", Law and Human Behavior, 22, pp.165~203 (1998)
- Grisso, T., "The competence of adolescents as trial defendants", Psychology, Public Policy, and Law, 3, pp.3~32 (1997)
- Hall, S., "Courtroom modifications for child witnesses" (2008), APA
- Henry, J., "System intervention trauma to child sexual abuse victims following disclosure", Journal of Interpersonal Violence, 12(4), pp.499~512 (1997)
- Jones, L. M., "Do Children’s Advocacy Centers improve families’ experiences of child abuse investigations?", Child Abuse & Neglect, 31, pp.1069~1085 (2007)
- Johnson, K., "Evaluation of Michigan's foster care case management system", Research on Social Work Practice, 15(5), pp.372~380 (2005)
- Keeney, K. S., "The court prep group: A vital part of the court process, In Children as witnesses", pp.201~209 (1992), Wiley
- Lamb, M. E., "Tell Me What Happened: Structured Investigative Interviews of Child Victims and Witnesses" (2008), Wiley
- La Rooy, D., "Repeated Interviewing: A critical evaluation of the risks and potential benefits, In The evaluation of child sexual abuse allegations: A comprehensive guide to assessment and testimony", pp.327~361 (2009), Wiley
- Malloy, L. C., "Caregiver support and child sexual abuse: Why does it matter?", Journal of Child Sexual Abuse, 15, pp.97~103 (2006)
- Malloy, L. C., "Filial dependency and recantation of child sexual abuse allegations", Journal of the American Academy of Child and Adolescent Psychiatry, 46, pp.162~170 (2007)
- McAuliff, B. D., "She should have been more upset: Expectancy violation theory and jurors’ perceptions of child victims", Paper presented at the annual meeting of the American Psychology-Law Society (2008)
- Ménard, K. S., "Prevalence and processing of child sexual abuse: A multi-dataset analysis of urban and rural counties", Law and Human Behavior, 27, pp.385~402 (2003)
- Peter A Ornstein, "The influence of prior knowledge and repeated questioning on children's long-term retention of the details of a pediatric examination", DEVELOPMENTAL PSYCHOLOGY, 42(2), pp.332~344, AMER PSYCHOLOGICAL ASSOC[DOI]
- Plotnikoff, J., "In their own words: the experiences of 50 young witnesses in criminal proceedings" (2004), NSPCC
- Plotnikoff, J., "Measuring up? Evaluating implementation of Government commitments to young witnesses in criminal proceedings" (2009), NSPCC
- Quas, J. A., "Child victims in dependency court, In Children as victims, witnesses, and offenders: Psychological science and the law", pp.128~149 (2009), Guilford Press
- Quas, J. A., "Childhood sexual assault victims: Long-term outcomes after testifying in criminal court", Monographs of the Society for Research in Child Development, 70, pp.1~145 (2005)
- Quas, J. A., "Arousal at encoding, arousal at retrieval, interviewer support, and children’s memory for a mild stressor", Applied Cognitive Psychology, 21, pp.289~305 (2007)
- Quas, J. A., "Developmental differences in the effects of repeated interviews and interviewer bias on young children’s event memory and false reports", Developmental Psychology, 43, pp.823~837 (2007)
- Quas, J. A., "Accommodating child witnesses in the criminal jsutice system: implications for death penalty cases, In Chapter 3 Mental Disorder and Criminal Law: Responsibility, Punishment and Competence", pp.79~102 (2009), Springer
- Quas, J. A., "Do jurors know what isn’t so about child witnesses?", Law and Human Behavior, 29, pp.425~456 (2005)
- Quas, J. A., "Maltreated children’s understanding of and emotional reactions to dependency court involvement", Behavioral Sciences & the Law, 27, pp.97~117 (2009)
- Runyan, D., "Impact of legal intervention on sexually abused children", Journal of Pediatrics, 113, pp.647~653 (1988)
- Santilla, P., "Effects of interview phase, repeated interviewing, presence of a support person, and anatomically detailed dolls on child sexual abuse interviews", Psychology, Crime & Law, 10(1), pp.21~35 (2004)
- Sas, L. D., "Three years after the verdict: A longitudinal study of the social and psychological adjustment of child witnesses referred to the Child Witness Project" (1993), Health and Welfare Canada
- Saywitz, K. J., "Interviewing children in and out of court: Current research and practice implications, In The APSAC Handbook on Child Maltreatment (2d Ed)", pp.349~377 (2002), Sage
- Stroud, D. D., "Criminal investigation of child sexual abuse: A comparison of cases referred to the prosecutor to those not referred", Child Abuse and Neglect, 24(5), pp.689~700 (2000)
- Tedesco, J. F., "Children’s reactions to sex abuse investigation and litigation", Child Abuse and Neglect, 11, pp.267~272 (1987)
- Tyler, T. R., "Procedural justice, In Handbook of Justice Research in Law", pp.65~92 (2001), Kluwer
- Walsh, W. A., "How long to prosecute child sexual abuse for a community using a Children’s Advocacy Center and two comparison communities?", Child Maltreatment, 31(1), pp.3~13 (2008)
- Waterman, A. H., "Indicating when you do not know the answer: The effect of question format and interviewer knowledge on children's 'don't know' responses", British Journal of Developmental Psychology, 22, pp.135~148 (2004)
- Zajac, R., "Asked and answered: Questioning children in the courtroom", Psychiatry, Psychology and Law, 10, pp.199~209 (2003)