2006 New York Code - Guidelines For Fair Treatment Of Child Victims As Witnesses.



 
    § 642-a. Guidelines  for fair treatment of child victims as witnesses.
  To the  extent  permitted  by  law,  criminal  justice  agencies,  crime
  victim-related  agencies,  social services agencies and the courts shall
  comply with  the  following  guidelines  in  their  treatment  of  child
  victims:
    1.  To  minimize  the number of times a child victim is called upon to
  recite the events of the case and to  foster  a  feeling  of  trust  and
  confidence    in    the    child   victim,   whenever   practicable,   a
  multi-disciplinary team involving a prosecutor, law  enforcement  agency
  personnel,  and  social services agency personnel should be used for the
  investigation and prosecution of child abuse cases.
    2. Whenever practicable, the same prosecutor should handle all aspects
  of a case involving an alleged child victim.
    3. To minimize the time during which a child victim  must  endure  the
  stress  of  his  involvement  in  the proceedings, the court should take
  appropriate action to ensure a speedy trial in all proceedings involving
  an alleged child victim. In ruling on any motion or request for a  delay
  or  continuance  of  a proceeding involving an alleged child victim, the
  court should consider and give weight to any  potential  adverse  impact
  the delay or continuance may have on the well-being of the child.
    4.  The  judge  presiding should be sensitive to the psychological and
  emotional stress a child witness may undergo when testifying.
    5. In accordance with the provisions  of  article  sixty-five  of  the
  criminal  procedure law, when appropriate, a child witness as defined in
  subdivision one of section 65.00 of such  law  should  be  permitted  to
  testify via live, two-way closed-circuit television.
    6. In accordance with the provisions of section 190.32 of the criminal
  procedure  law,  a  person supportive of the "child witness" or "special
  witness" as defined in such section should be permitted  to  be  present
  and  accessible  to  a  child witness at all times during his testimony,
  although the person supportive  of  the  child  witness  should  not  be
  permitted to influence the child's testimony.
    7.  A child witness should be permitted in the discretion of the court
  to use anatomically correct dolls and drawings during his testimony.

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