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GENERAL

Australia, Law Reform Commission, Evidence, ALRC 26 (Interim Report) (Canberra, 1985)

Australia, Law Reform Commission, Evidence, ALRC 38 (Final Report) (Canberra, 1987)

Cross on Evidence (Mathieson, New Zealand Looseleaf Edition, Butterworths, Wellington, 1996)

Garrow and McGechan’s Principles of the Laws of Evidence (McGechan, 7th ed, Butterworths, Wellington, 1984)

Law Reform Commission of Ireland, Oaths and Affirmations (LRC 34, Dublin, 1990)

EVIDENCE OF CHILDREN AND OTHER VULNERABLE WITNESSES: REPORTS

A Private or Public Nightmare? (Report of the Advisory Committee on the Investigation, Detection and Prosecution of Offences Against Children, New Zealand, 1988)

Australia, Law Reform Commission, Competence and Compellability of Witnesses (ALRC RP5, Canberra, 1981)

Australia, Law Reform Commission, The Use of Closed-Circuit Television for Child Witnesses in the ACT: Children’s Evidence Research Paper 1 (ALRC, Canberra, 1992)

Australia, Law Reform Commission, Children’s Evidence by Video Link (ALRC DP 40, Canberra, 1989)

Australia, Law Reform Commission, Children’s Evidence: Closed-Circuit Television (ALRC 63, Canberra, 1992)

Australia, Law Reform Commission, Manner of Giving Evidence (ALRC RP8, Canberra, 1982)

Child Witnesses in the Court Process: A Review of Practice and Recommendations for Change (Report to the Courts Consultative Committee from the Working Party on Child Witnesses, Department for Courts, Wellington, 1996)

Davies, Wilson, Mitchell and Milson, Videotaping Children’s Evidence: An Evaluation (Home Office, London, 1995)

Law Reform Commission of Ireland, Report on Child Sexual Abuse (LRC 32, Dublin, 1990)

Law Reform Commission of Ireland, Report on Sexual Offences Against the Mentally Handicapped (LRC 33, Dublin, 1990)

Law Reform Commission of Victoria, Sexual Offences Against Children (Discussion Paper No 12, Melbourne, 1988)

Law Reform Commission of Victoria, Sexual Offences Against Children (Report No 18, Melbourne, 1988)

Law Reform Commission of Western Australia, Discussion Paper on Evidence of Children and Other Vulnerable Witnesses (Project No 87, Perth, 1990)

Law Reform Commission of Western Australia, Report on Evidence of Children and Other Vulnerable Witnesses (Project No 87, 1991)

Memorandum of Good Practice on Video Recorded Interviews with Child Witnesses for Criminal Proceedings (Home Office in Conjunction with Department of Health, London, 1992)

New South Wales Law Reform Commission, People with an intellectual disability and the criminal justice system: appearances before local courts (Research Report 4, Sydney, 1993)

New South Wales Law Reform Commission, People with an intellectual disability and the criminal justice system: courts and sentencing issues (Discussion Paper 35, Sydney, 1994)

Ontario Law Reform Commission, Report on Child Witnesses (OLRC, Toronto, 1991)

Report of the Advisory Group on Video Evidence (Home Office, London, 1989)

Scottish Law Commission, Evidence From Children: Alternatives to In-Court Testimony in Criminal Proceedings in the United States of America (Research Paper, Edinburgh, 1988)

Scottish Law Commission, The Evidence of Children and Other Potentially Vulnerable Witnesses (Discussion Paper No 75, Edinburgh, 1988)

Scottish Law Commission, Report on the Evidence of Children and Other Potentially Vulnerable Witnesses (Discussion Paper No 125, Edinburgh, 1990)

Sexual Offences Against Children (Report of the Committee on Sexual Offences Against Children and Youths, Ottawa, 1984)

Jurors’ Responses to Children’s Evidence Given by Closed Circuit Television or with the Aid of Removable Screens: Results of a survey of jurors in Western Australia conducted between November 1994 and February 1995 (Ministry of Justice, Western Australia, Strategic and Specialist Services Division, Perth, 1995)

Whitney and Cook, The Use of Closed-Circuit Television in New Zealand Courts: The First Six Trials (Department of Justice, Wellington, December 1990)

CHILD WITNESSES

Books

Brennan and Brennan, Strange Language – Child Victims under Cross-examination (2nd ed, Riverina Murray Institute of Higher Education, 1988)

Cashmore and Bussey, The Evidence of Children (Monograph Series No 11, Judicial Commission of New South Wales, Sydney, 1995)

Ceci and Bruck, Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony (American Psychological Association, Washington DC, 1995)

Ceci, Ross and Toglia (eds), Perspectives on Children’s Testimony (Springer-Verlag, New York, 1989)

Davies and Drinkwater (eds), The Child Witness: Do The Courts Abuse Children? (British Psychological Society, Leicester, 1988)

Dent and Flin (eds), Children as Witnesses (John Wiley & Sons, Chichester, 1992)

Doris (ed), The Suggestibility of Children’s Recollections (American Psychological Association, Washington DC, 1991)

Goodman and Bottoms (eds), Child Victims, Child Witnesses: Understanding and Improving Testimony (The Guilford Press, New York, 1993)

Goodman, Taub, Jones, England, Port, Rudy and Prado, Testifying in Criminal Court: Emotional Effects on Child Sexual Assualt Victims (Monographs of the Society for Research in Child Development, 1992, 57 Serial No 229)

McGough, Child Witnesses: Fragile Voices in the American Legal System (Yale University Press, New Haven, 1994)

Murray, Live Television Link: An Evaluation of its Use by Child Witnesses in Scottish Criminal Trials (The Scottish Office, Central Research Unit, Edinburgh, 1995)

Spencer and Flin, The Evidence of Children: The Law and the Psychology (2nd ed, Blackstone Press, London, 1993)

Spencer, Nicholson, Flin and Bull, Children’s Evidence in Legal Proceedings: An International Perspective (Cambridge University Law Faculty, Cambridge, 1989)

Zaragoza, Graham, Hall, Hirschman and Ben-Porath (eds), Memory and Testimony in the Child Witness (Sage Publications, Thousand Oaks, 1995)

Articles

Astington, “Children’s understanding of the speech act of promising” (1988) 15 Child Language 157

Ball, “The Law of Evidence Relating to Child Victims of Sexual Abuse” (1995) 3 Waikato Law Review 63

Ball, “Child Witnesses in Sexual Assault Cases – Issues of Credibility and Interviewing Practices” [1995] Butterworths Family Law Journal 251.

Bessner, “The Competency of the Child Witness: A Critical Analysis of Bill C-15” (1989) 31 Criminal Law Quarterly 481

Bruck, Ceci, Francoeur and Barr, “‘I Hardly Cried When I Got My Shot!’ Influencing Children’s Reports About a Visit to Their Pediatrician” (1995) 66 Child Development 193

Cashmore, “The Use of Video Technology for Child Witnesses” (1990) 16 Monash University Law Review 228

Cashmore and Cahill, “Closed circuit television and child witnesses: achieving its objective?” (1990) 15 Legal Services Bulletin 155

Cecchettini-Whaley, “Children as Witnesses After Maryland v Craig” (1992) 65 Southern Carolina Law Review 1993

Ceci and Bruck, “Suggestibility of the Child Witness: An Historical Review and Synthesis” (1993) 113 Psychological Bulletin 403

“Children’s Rights” (1992) 6 (1) International Journal of Law and the Family 1–263

Dawson, “Evidencing Care and Protection Needs: A Study of the Specialist Child Video Interview in South Auckland” (1995) Social Work Now 27

Dixon, “‘Out of the Mouths of Babes ...’ – A Review of the Operation of the Acts Amendment (Evidence of Children) Act 1992" (1995) 25 Western Australian Law Review 301

Geddis, Taylor and Henaghan, “Child sexual abuse (I): Incidence, epidemiology, cause, diagnosis and effects – a critique of the literature” [1990] New Zealand Law Journal 371

Goodman, “Children’s Testimony in Historical Perspective” (1984) 40 Journal of Social Issues 9

Goodman, “The Child Witness: Conclusions and Future Directions for Research and Legal Practice” (1984) 40 Journal of Social Issues 157

Gudjonsson, “Suggestibility and Compliance Among Alleged False Confessors and Resisters in Criminal Trials” (1991) 31(2) Medicine, Science and the Law 147

Gudjonsson and Gunn, “The Competence and Reliability of a Witness in a Crimminal Court: A Case Report” (1982) 141 British Journal of Psychiatry 624

Haugaard, Reppucci, Laird and Nauful, “Children’s Definitions of the Truth and Their Competency as Witnesses in Legal Proceedings” (1991) 15 Law and Human Behavior 253

Henaghan, Taylor and Geddis, “Child sexual abuse (III): Child witnesses and the Rules of Evidence” [1990] New Zealand Law Journal 425

Jones, “The Evidence of a Three-Year-Old Child” [1987] Criminal Law Review 677

King, “The Molested Child Witness and the Constitution: Should the Bill of Rights Be Transformed into the Bill of Preferences?” (1992) 53 Ohio State Law Journal 49

Loftus and Davies, “Distortions in the Memory of Children” (1984) 40 Journal of Social Issues 51

Morton, “When Can Lying Start?” in Davies and Drinkwater (eds), The Child Witness – do the courts abuse children? (British Psychological Society, Leicester, 1988)

Paciocco, “The Evidence of Children: Testing the Rules Against What We Know” (1996) 21 Queen’s Law Journal 345

Parkinson, “The Future of Competency Testing for Child Witnesses” (1991) 15 Criminal Law Journal 186

Perry and McAuliff, “The Use of Videotaped Child Testimony: Public Policy Implications” (1993) 7 Notre Dame Journal of Law, Ethics and Public Policy 387

Pipe and Wilson, “Cues and Secrets: Influences on Children’s Event Reports” (1994) 30 Developmental Psychology 515

Pipe, Henaghan, Bidrose and Egerton, “Perceptions of the legal provisions for child witnesses in New Zealand” [1996] New Zealand Law Journal 18

Poole and White, “Two Years Later: Effects of Question Repetition and Retention Interval on the Eyewitness Testimony of Chilren and Adults” (1993) 29 Developmental Psychology 844

Saywitz and Nathanson, “Children’s Testimony and their Perceptions of Stress In and Out of the Courtroom” (1993) 17 Child Abuse and Neglect 613

Sopher, “‘The Best of All Possible Worlds’: Balancing Victims’ and Defendants’ Rights in the Child Sexual Abuse Case” (1994) 63 Fordham Law Review 633

Spencer, “Child Witnesses, Video Technology and the Law of Evidence” [1987] Criminal Law Review 76

Spencer, “Child Witnesses and Video Technology: Thoughts for the Home Office” (1987) 51 Journal of Criminal Law 444

Taylor, Geddis and Henaghan, “Child sexual abuse (II): Obtaining accurate testimony from child victims” [1990] New Zealand Law Journal 388

Thumann, “Admitting Videotaped Testimony in Cases Involving Sexual Abuse of a Minor: A Model Statute” (1989) 22 Columbia Journal of Law and Social Problems 489

Tomlinson, “Maryland v Craig: Televised Testimony and An Evolving Concept of Confrontation” (1991) 36 Villanova Law Review 1569

Walker, “Questioning Young Children in Court” (1993) 17 Law and Human Behaviour 59

Unpublished paper

Geddis, The Child as a Witness: A Review of the Legislative Amendments and Some Related Issues (1993)

WITNESSES WITH INTELLECTUAL DISABILITIES

Appelbaum and Appelbaum, “Criminal-Justice-Related Competencies in Defendants with Mental Retardation” (1994) The Journal of Psychiatry and Law 483

Bray, Biasini and Thrasher, “The Effect of Communicative Demands on Request-Making in the Moderately and Severely Mentally Retarded” (1983) 4 Applied Research in Mental Retardation 13

Cockram, Jackson and Underwood, “Perceptions of the Judiciary and Intellectual Disability” (1992) 18 Australia and New Zealand Journal of Developmental Disabilities 189

Dobson and Rust, “Memory for Objects and Faces by the Mentally Retarded and Nonretarded” (1994) 128 (3) Journal of Psychology 315

Hayes and Hayes, Mental Retardation Law: Law, Policy and Admininistration (The Law Book Company, Sydney, 1982)

Perlman, Ericson, Esses and Isaacs, “The Developmentally Handicapped Witness: Competency as a Function of Question Format” (1994) 18 Law and Human Behaviour 171

Sigelman, Budd, Spanhel and Schoenrock, “When in Doubt, Say Yes: Acquiescence in Interviews with Mentally Retarded Persons” (1981) 19 Mental Retardation 53

Sigelman, Budd, Spanhel and Schoenrock, “Asking Questions of Retarded Persons: A Comparison of Yes-No and Either-Or-Formats” (1981) 2 Applied Research in Mental Retardation 347

Temkin, “Disability, Child Abuse and Criminal Justice” (1994) 57 Modern Law Review 402

COMPLAINANTS IN SEXUAL CASES

Young and Smith, Rape Study: A Discussion of Law and Practice (Department of Justice/Institute of Criminology, Wellington, 1983)

Thomas, “Was Eve Merely Framed; or Was She Forsaken?” (Part II) [1994] New Zealand Law Journal 426

COMMUNICATION

Australia, Law Reform Commission, Multiculturalism and the Law (ALRC 57, Canberra, 1992)

Berk-Seligson, The Bilingual Courtroom: Court Interpreters in the Judicial Process (The University of Chicago Press, Chicago, 1990)

Commonwealth Attorney-General’s Department, Access to Interpreters in the Australian Legal System (Report, Canberra, 1991)

Eades, “Cross Examination of Aboriginal Children: The Pinkenba Case” (1995) 3 Aboriginal Law Bulletin 10

Hall, “Facilitated Communication: The Key to Unlocking the Skull?” (1993) 44 Syracuse Law Review 1059

Kasanji, Let’s Talk: Guidelines for Government Agencies Hiring Interpreters (Department of Internal Affairs, Wellington, 1995)

Lane, “Mis-Communication in Cross-Examinations”, in Pride (ed), Cross Cultural Encounters: Communication and Mis-Communication (River Seine Publications, Melbourne, 1985) 196

Laster and Taylor, Interpreters and the Legal System (The Federation Press, New South Wales, 1994)

Heller, “Language Bias in the Criminal Justice System” (1995) 37 Criminal Law Quarterly 344

Shipley, “The Deaf Witness” (1987) 14 Litigation 13

Smith, “Confronting Silence: The Constitution, Deaf Criminal Defendants, and the Right to Interpretation During Trial” (1994) 46 Maine Law Review 87

Stamler, “Eliminating the ‘Silent Hearing’” (1987) 66 Michigan Bar Journal 50


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