Self-Representation: Pro se Cross-Examination and Revisiting Trauma upon Child Witnesses

Abstract

In the United States, the right to confront one’s accusers at trial is one of the key components of the adversarial legal process. As a part of this process, defendants are permitted to represent themselves if they decide to do so voluntarily (Faretta v. California 1975). As cross-examination of witnesses is considered essential to the adversarial legal system, child victims can be faced with being personally cross-examined by defendants. In cases involving vulnerable witnesses, such as child abuse victims, there is concern that being cross-examined by the defendant can be highly problematic and create more trauma over and above being cross-examined by a defense attorney. In the United States, there are no laws that explicitly forbid defendants from cross-examining their own victims, and decisions are made on a case-by-case basis. We discuss relevant legal traditions in the United States, laws and procedures followed by other countries that use the adversarial system, current psychological research on cross-examination of child witnesses, the need for further research, and recommendations for ways the United States can protect the rights, well-being, and personal security of vulnerable children.