Court Facility Dogs-easing the Apprehensive Witness
| Publication year | 2010 |
| Pages | 17 |
| Citation | Vol. 39 No. 4 Pg. 17 |
2010, April, Pg. 17. Court Facility Dogs-Easing the Apprehensive Witness
April 2010
Vol. 39, No. 4 [Page 17]
Juvenile Law articles are sponsored by the CBA Juvenile Law Section and generally are intended to apprise practitioners of substantive and procedural information concerning the field of juvenile law. Readers who are interested in submitting articles should contact the Coordinating Editors.
Coordinating Editors
Barbara Shaklee, Denver - (720) 944-2965, barbara.shaklee@dhs.co.denver.co.us; Linda Weinerman, Denver-(303) 860 - 1517, lindaweinerman@coloradochildrep.org
About the Author
Gabriela N. Sandoval is a contract attorney with the Colorado Office of the Child's Representative. Her Denver law practice, Child and Animal Welfare Law Offices of the Rocky Mountains, focuses on issues affecting children and animals-www.gabrielasandoval.com, info@childandanimalaw.com, (303) 954-4580.
Children may be overwhelmed and frightened while testifying in court. Attorneys and judges have attempted to create a more comfortable environment for these fragile witnesses. One option to consider is the use of court facility dogs.
This article provides an overview of the use of court facility dogs. These are specially trained dogs that are present in court to assist witnesses who may be frightened or nervous about testifying. The article focuses on the related law, best practices, and the effect of the dogs on parties and the court process. Court records and interviews with judges and counsel suggest that professionally trained dogs have supported children who are called to testify in hearings and trials.
Unlike an inanimate comfort item, such as a doll or stuffed animal that a child might bring to the stand, court facility dogs play a role in advancing a positive perception of the situation.(fn1) Studies show that a child witness who is accompanied by a court facility dog is empowered to testify without fear (for example, by holding the dog's leash while testifying or having the opportunity to look at or speak to the dog instead of to the examiner, who may be extremely intimidating to the child witness).(fn2) Prosecutors and defense counsel have found that providing a comfortable atmosphere for witnesses helps them effectively testify.(fn3) Studies have confirmed that animate touch (holding dog's leash or petting the dog while testifying) often leads to a psychological sense of well-being, decreased anxiety, lowered heart rate, increased speech and memory functions, and heightened mental clarity.(fn4)
Success Stories
Prosecutors and defense counsel around the country are using professionally trained dogs in court to ease the anxiety of testifying witnesses and to make hearings more productive and less traumatic. For example, prosecutors in Seattle, Washington use court facility dogs(fn5) in criminal cases as part of a program they call "Courthouse Dogs."
These professionally trained dogs(fn6) accompany testifying witnesses, including children, during trial. For child witnesses, the effects are "immediate and profound."(fn7) "The trust, acceptance, and tactile comfort of a friendly dog change the physiology of the nervous child."(fn8)
* According to Judge Wesley Saint Clair of the Superior Court of King County, Washington, "the dog's presence dissipates tension for everyone when dealing with difficult issues and provides a sense of normalcy."(fn9)
* In Mississippi, one judge who has allowed a professionally trained dog in the courtroom stated that the dog's presence helped the child witness open up and testify in a clear, forthright manner.(fn10)
* After a guilty plea was entered in a Texas child rape case, a yellow Labrador retriever named Justin accompanied the victim into the courtroom while she read her victim impact statement at sentencing; the judge was amazed at the effect the dog had on the child.(fn11)
* Duke, a 3-year-old collie working with a Florida nonprofit organization called Four Legged Advocates, was present while a 10-year-old girl who attempted to testify began crying.(fn12) While the victim advocate and the prosecutor tried to console her, the girl reached out and gave Duke a hug, which allowed her to complete her testimony.(fn13)
* In Maryland, a black Labrador retriever/Newfoundland mix named Buddy aided the State Attorney's Office with a child abuse case involving a 4-year-old child.(fn14) In the presence of Buddy, this young victim was comfortable talking to prosecutors and agreed to testify; her abuser ultimately opted out of trial.(fn15)
Current Law
Most courtrooms are not, by design, child-friendly. However, when cases involve children-and specifically require child testimony-counsel and judges have attempted to accommodate child victims and witnesses. For child witnesses, going to court may be traumatic, confusing, and frightening. In an effort to respect the rights of victims and witnesses, judges and counsel may wish to designate a person to provide special services to child victims or witnesses under a certain age.(fn16)
...
To continue reading
Request your trial