Saturday, July 29, 2006

Super Saturday!

Good golly miss molly, where on earth did time go this week? I had anticipated a busy week, just not this busy! I wonder if you have the same work problem as i do? Things can be rather quiet for a few months at a time, this is not to say i am bored or anything of the like, i always have something to do. Then the tide changes, and it's manic for months on on next 3 months will be exactly that.
The trial i had been involved with went a wee bit pear shaped towards the end. For obvious reason i can't divulge anything on here, but i will say it's so very very frustrating when you have children as witnesses. Their credibility can be so questionable, especially when they are under 12 years old. What appears to be a child who may be articulate and knowledgable about, when talking in a one on one situation or in a relaxed type atmosphere, can go awry once you have them in front of a judge and 2 lawyers! They fiddle, sing, look around, bite fingernails, blow their nose, drink water, play with the microphone, all an indication of nerves, and when questioned, they provide one word answers or can't remember.
For a prosecuting lawyer, it's sooooooooooo frustrating, you know the kid is telling the truth, you know the "baddie" did the things she or he has said, and as much as you want to run over to the kid and re word the questions in a manner they'll understand, or remind that in a pre trial confrence you spoke about such and such, your hands are tied! Then comes the defence lawyer who is rubbing his hands together. His already tried a stalling tactic, keeping the kids waiting for 5 hours prior to questioning them, he knows they're tired, they want to go home, and whilst not harassing or being nasty to the kids, he asks ambiguous questions, questions a child has no clue on, making he or she look doubtful to a jury, and thats all it takes.
Then you have the parents whom you have to face after it all. They want the baddie put away and when you try to explain that their kid didn't do so well under cross examination, you get abused, the legal system gets abused. It's a very frustrating environment, and if the kids can't provide convincing evidence, or, the matter itself has taken over a year or more to get to trial and the kids can't remember everything, it always leaves that air of doubt and there is no winner.

till next time, Michelle.


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