THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Child Witnesses

    1.    Child Witness Likely To Be More Suggestible Than Adults

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    Child Witness Likely To Be More Suggestible Than Adults

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

   Children are likely to be more suggestible than adults. A child may also confuse recollection of an imagined experience with the memory of a real event. Furthermore, children may not have a full understanding of the serious consequences of the testimony they give and the charges they make. In evaluating a child witness' testimony you should, therefore, consider whether it is based on (his/her) own recollection or upon the influence of others. You should also consider whether the testimony is based on memories of real or imagined events. In addition, you should consider the child witness' appreciation of the serious consequences of (his/her) testimony.

People of the Territory of Guam v. McGravey, 14 F.3d 1344, 1353 n.7 (9th Cir. 1994) (Reinhardt, J., dissenting).

See also THE SHELLOW COLLECTION: Witnesses Generally.

See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.

See NCJIC 27.2.10 [Witnesses Credibility: Youth/Age Of Witness].

See also NCJIC 27.2.13 [Testimony Of A Child Witness: Cautionary Instruction].