Defense Attorneys Research Articles

It could be my son! ‘Himpathy’ and the male fear defence in rape trials

AbstractWhy do legal professionals mention their sons when discussing a new consent‐based rape law? Drawing on feminist legal studies and sociology of emotions, this article investigates a discourse of male fear of rape accusations among Swedish legal professionals and how defence lawyers strategically employ it. The analysis shows that a male fear defence is deployed to evoke a specific kind of sympathy termed ‘himpathy’ among judges. The male fear discourse serves as a himpathy resource to problematize the implications of the new rape law and to explain irrational behaviour from men accused of rape, instilling doubts about the complainant's credibility, suggesting false accusations, and creating an imagined ‘ruined’ future for the accused man if convicted, including his and his relatives’ shame over the rapist stigma. The findings highlight the role of background emotions in legal practice concerning rape and how the law remains ‘himpathetic’ despite radical consent‐based rape legislation.

Understanding the Implications of Non-Accused DNA at Crime Scenes for Criminal Defence Lawyers

While DNA evidence has revolutionized criminal investigations, its presence in legal cases becomes problematic when the DNA of non-accused individuals is detected at crime scenes. This essay explores the issue of unintentional DNA transfer and its implications for defence attorneys. This study questions the prevailing assumption that DNA presence equates to guilt by analyzing a burglary case study, demonstrating how DNA can be unintentionally deposited by those not involved in the crime. The findings reveal the complexities surrounding forensic evidence, showing that individuals who haven't physically interacted with crime scene objects can still leave their DNA behind. This complexity underscores the need for lawyers to adopt a more nuanced perspective, emphasizing the importance of expert testimony, rigorous investigative methods, and contextual evaluations in accurately assessing the implications of DNA evidence within the judicial system. Understanding these intricacies is vital for police officers and legal professionals including judiciary to navigate carefully and sincerely cases where DNA evidence plays a critical role in proving or disproving the guilt of the accused person.

Prisión Preventiva en Chile: Presión de la Gestión del Tiempo y Estandarización

The use of pre-trial detention in Chile is widely debated. Chilean legal scholars, for the most part, have advocated a restrictive interpretation. Despite this, empirical research studies on the use of pre-trial detention in Chile has revealed an increase in its use during the last decade and the development of standardized working strategies in judicial decision-making in this institution. To date, we lack in-depth analysis of the practice of this standardization and its specific relationship to pre-trial detention decisions. Based on non-participant observation of hearings and interviews with judges, prosecutors and defense attorneys in courts in the Araucanía and Bio-Bio regions, this article presents an empirical analysis of the application of pre-trial detention in Chile. In particular, how does the standardization of judicial practices influence the way decisions on pre-trial detention are made in Chile? The research study focused on the bureaucratic management of time from a socio-legal perspective. It finds that, in the face of time pressures, courts have adopted specific strategies to organize hearings, generating different types of hearings, each with its own speed and logic of standardization. The article emphasizes the need for a detailed and empirical exploration of the processes of bureaucratization within the judicial system and the tangible impacts these processes have on the fairness of access to justice.

A Pragma-Logical Analysis of Manipulation Strategies Used by American and Arabic Attorneys in Selected Criminal Trials

This study is devoted to investigate the defense of American and Arabic attorneys from a pragma-logical perspective. It is hypothesized that manipulation is a dangerous pragmatic act which is practised by them when defending their clients in criminal trials. Therefore, this study aims to prove that their defense contains arguments which do not agree with the proof standard of criminal cases. Such a proof requires them to present logical evidences beyond a reasonable doubt to persuade the members of the jury that their clients are innocent, or at least they have logical reasons which led them to commit their murders. To achieve the aims of the study, six arguments are chosen for analysis. The first three are advanced by the American defense attorney Robert Rogers. The next three are advanced by the Arabic defense attorney Mustafa Ramadan. Their defense is analyzed qualitatively and tested according to the pragma-logical criteria discussed below. The results show that they both resort to different argumentation schemes, different logical components, and different logical fallacies. These differences indicate that their arguments are fallacious and serve a pragmatic manipulative intention.

Translational Neuroscience Contributes to Understanding Neurodevelopmental Outcomes of Dostoyevsky's "Brothers Karamazov" With Treatment Implications.

Dostoyevsky's novels raise profound ethical, moral, philosophical and theological issues and, as a result, both he and his novels serve as fertile subjects of scholarly inquiry across a variety of academic disciplines. In particular, major characters in "The Brothers Karamazov" lend themselves to classical psychodynamic formulations, such as the influence of adverse childhood experiences on adult social and occupational outcomes, which in the case of Dmitry, the eldest son of Fyodor Pavlovich Karamazov, are considered in exquisitely fine detail. Prosecutor and defense attorney provide differing interpretations of how early traumas, largely due to paternal neglect and abuse, affected Dmitry's adult outcome in the climactic trial over his alleged patricide. The novel also captures an extreme, and perhaps fanciful, description of an Oedipal rivalry between Dmitry and his father for the affection of a love interest leading to tragic and unpredictable consequences for both. The novel has been dissected by scholars across a variety of diverse and seemingly unrelated disciplines and continues to serve as a springboard for collaborative discussion. Re-reading the novel led the authors to wonder if translational developments in clinical neuroscience could further understanding of poor developmental trajectories of the novel's characters, as well as offer therapeutic recommendations for promoting more favorable occupational and social outcomes. Advances in basic neuroscience have been translated into actionable individualized, interdisciplinary, multimodal treatment plans leading to improved functional outcomes for children like Dmitry, Ivan, and Smerdyakov. Translational neuroscience enriches understanding of neurodevelopmental outcomes of characters in Dostoyevsky's novel "The Brothers Karamazov," especially in the context of genetic risk and in utero environmental insults.

Evaluative features in the definition of crimes in the legislation of the Russian Federation: problems of defining the concept

In this work, the author examines some features of the concept of evaluative features in the corpus delicti in the legislation of the Russian Federation. The article notes the ambiguity of the approach to defining the concept of the evaluative features of a criminal offense. The author also notes that the current legislation lacks a legal approach to designating evaluative features, and the rapid development and modernization of the doctrines on the corpus delicti determine the need to develop a new and more objective approach to their definition. To offer the author's vision of the term "evaluative feature of the corpus delicti", two approaches are used in the work, the first of which is reduced to a review of doctrinally developed definitions of this term, and the second is to establish the semantic property of such. As a result of the conducted research, it was concluded that the specified features in the model of the corpus delicti should be understood as special conditions stipulated in the dispositions of the norms of the Special Part of the Criminal Law, which at the same time act as a characteristic of a certain feature or features of the corpus delicti, the criminal-legal content of which is established by the subject implementing the criminal-legal norm, or by a person with legal knowledge, taking into account the specific circumstances of the case. In the presented definition, it is necessary to detail the circle of persons who establish the evaluative features. The subjects implementing the criminal-legal norm include both law enforcement officers and other participants in the criminal process (in particular, the defense attorney), and the persons with legal knowledge include specialists, representatives of the criminal-legal doctrine.

Legal basis for providing legal aid to a detained person in the context of international standards and practice of the European Court of Human Rights

Based on the analysis of theoretical approaches to the essence of the institute of detention of a person, the article substantiates the position that detention is a procedural action which has a temporary restrictive nature of the rights of a person who was detained during the commission or attempted commission of a criminal offence, immediately after the commission of a criminal offence or during the continuous prosecution of a person suspected of a criminal offence, and which aims to ensure further pre-trial investigation, clarification of the circumstances of the event which occurred. Based on the generalisation of the provisions of international legal acts and taking into account the case law of the European Court of Human Rights, the author defines the standards for providing legal aid to a person detained on suspicion of committing a criminal offence. It is established that the special international standards, compliance with which is crucial for ensuring the rights of a detainee and which also guarantee the effectiveness of legal aid received by a detainee, include 1) the principle of confidentiality in the course of communication between a detainee and a defence lawyer; 2) the principle of verification of the legality of detention without delay; 3) the principle of appealing against the failure to ensure the rights of a detainee or their violation; 4) the principle of independent and free choice of one's legal position. The following are proposed to be the sectoral international standards, compliance with which is crucial for ensuring the rights of a detainee, and which also guarantee the effectiveness of legal aid received by a detainee 1) the principle of confidentiality in the course of a detainee’s communication with a defence lawyer; 2) the principle of verification of the legality of detention without delay; 3) the principle of appealing against the failure to ensure the detainee’s rights or their violation; 4) the principle of independent and free choice of one’s legal position. The emphasis is placed on the fact that the prospects for further research should be to determine the legal mechanisms for implementing the outlined standards into the national practice of law enforcement and judicial authorities.

Detecting criminal intent in social interactions: The influence of autism and theory of mind.

Defense attorneys sometimes suggest that social-cognitive difficulties render autistic individuals vulnerable to involvement in crime, often arguing that theory of mind (ToM) difficulties that undermine inferences about others' intentions underpin this vulnerability. We examined autistic adults' ability to respond adaptively to criminal intent during interactions and whether difficulties were associated with poor ToM. Compared with nonautistic adults, autistic adults were expected to be less likely to respond adaptively to another's criminal intent and less likely to do so early in interactions, with poorer performance associated with ToM difficulties. We developed the Suspicious Activity Paradigm, in which autistic (n = 102) and nonautistic (n = 95) adults listened (as if participating in an interaction) to audio scenarios in which cues suggesting their impending involvement in a crime gradually emerged. At periodic intervals, they were required to indicate how they would react toward the other person's behavior, with response coding reflecting detection of, and adaptive responding to, suspicious activity. We observed similar patterns of suspicion and adaptive responses in autistic and nonautistic adults as the scenarios progressed. Regardless of diagnostic status, pronounced ToM difficulties and low verbal ability were independently associated with a lower likelihood of reporting suspicion and responding adaptively. Our results do not support the perspective that autistic adults are uniquely vulnerable to crime involvement due to an inability to recognize and respond adaptively to suspicious behavior. The potential for heightened criminal vulnerability was associated with significant ToM difficulties (and verbal ability) regardless of autism diagnostic status, although such difficulties were more prevalent in the autistic sample. The finding that pronounced ToM difficulties may heighten criminal vulnerability for both autistic and nonautistic individuals challenges the validity of a generalized "autism" legal defense based on assumed rather than measured ToM difficulties. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Особливості проведення слідчих (розшукових) дій (допиту) в умовах воєнного стану

The article is devoted to the study of the peculiarities of conducting investigative actions (interrogation) caused by the introduction of martial law on the territory of Ukraine. The article analyzes the legislative innovations that were established in connection with the full-scale invasion of the Russian Federation into the territory of the state, in particular, the possibility of using as evidence by the court the video recording of the statements that were given to the prosecutor, the investigator in the conditions of martial law, as well as recording the course and results of the interrogation of the victim, suspect or witnesses (with the participation of a defense attorney) using available technical means of video recording, which are aimed at increasing the level of protection of citizens’ rights. The significance and relevance of the question of interrogating a witness, or victim in the mode of a video conference is outlined. The need to regulate the interrogation is substantiated so that the court is empowered, in exceptional situations, with the possibility of a "departure" from the principle of immediacy of the examination of testimony during the trial, enshrined in Article 23 of the Criminal Procedure Code, under the condition of mandatory observance of due process guarantees. The duty of the court tomonitor the interrogation to prevent possible extraneous influence on the interrogated subjects is characterized. The specific properties of the interrogation of a minor and the need, to avoid a possible psychological injury to the child, to observe all the guarantees and rights of a minor are substantiated. The child’s right to free secondary legal assistance, which provides for the protection and representation of interests in courts, other state bodies, and local self-government bodies, before other persons, as well as drafting procedural documents, is analyzed. Gaps and problematic aspects are singled out, which negatively affect both minors and the results of criminal proceedings in general.

The Forms of Acceleration of Justice

Plea bargaining is one of the most important institutions of criminal law not only in Georgia but also in other countries. The said procedural institution was also introduced into the Georgian system and has not lost its relevance since its introduction. It is also obvious that this procedural-legal institution is the cornerstone of Anglo-American law, and it is impossible to discuss it outside the context of the said legal system. Our research includes an in-depth study of the plea bargaining as a basic legal institution. In particular, the formation and development of plea bargaining in England and America is presented. Among them, the case law in the part of plea bargaining is discussed. The article presents the process of implementing plea bargaining in the countries of continental Europe. The work contains a comparative legal analysis of different countries and the Georgian system. Historically, there are two types of bargaining: explicit and implied. Explicit plea bargaining is an open offer from a judge to a victim during a trial or a judge’s advice to a defense attorney about the “best reasonable solution”. The rules of expedited justice in the countries of the continental European system (Germany, France, Italy) are characterized by certain features, the features of which are discussed in this article. The study reveals the main essence of plea bargaining in Georgia, the practice of its use, and the main problems. The author’s conclusions and recommendations are presented at the end of the study.

Expiration of Commitment in Islamic Jurisprudence and the Civil Law of Afghanistan

Commitment in jurisprudence is a legal relationship between two persons, by virtue of which the liability of one is engaged in favor of the other. The legal system of Afghanistan, in Article 488 of its Civil Code, defines commitment as follows: "A personal right or obligation is a relationship between the creditor's and the debtor's conscience, by virtue of which the creditor can demand from the debtor the granting of a thing, the performance of an act or the abstention from it." The expiration of commitment is one of the major and specialized topics in the jurisprudence and civil law of Afghanistan. Commitment in jurisprudence is extinguished through fulfillment of the covenant, release, rescission or dismissal, impossibility of enforcing the commitment, unity of obligation, expiration of the term of commitment, set-off, assignment, death of the obligor and loss of capacity, and in the legal system of Afghanistan, it is extinguished through fulfillment of the commitment, and through equivalents of fulfillment of the commitment such as payment in lieu, transformation of the commitment, representation, execution, and unity of obligation, and other than through fulfillment, release, impossibility of enforcing the commitment and prescription. This research has been conducted with the aim of understanding and recognizing the expiration of commitment in jurisprudence and the Civil Code of Afghanistan. This research is applied in terms of purpose and descriptive-analytical in nature, and the data of this research has been analyzed qualitatively. The findings of this research have shown that there is a correspondence between commitment in jurisprudence and the Civil Code of Afghanistan. The findings of this research can be useful for judges, defense lawyers, and professors of law and political science at universities in Afghanistan.

Talk about testimony: courtroom dialogue as racialized interactions

Abstract Within the criminal legal system, judges, jurors, prosecutors, defense attorneys, experts, and law enforcement officers all might employ language or language practices in the courtroom that can evoke racial bias against an accused person, including by using coded language, innuendos, or particular questioning techniques and clarification strategies. In light of recent legislation, including the passage of the Racial Justice Act in California, which prohibits the use of racially biased language against an accused person by courtroom actors, we are at a crucial moment where dialogue between linguists and lawyers is imperative to define racially biased language and how it emerges. In this article, we provide guidance to help identify and address the ways race can be invoked through discursive strategies in the courtroom that do not make explicit mentions of race, and end with recommendations for ameliorating the potential harms that racial bias expressed during such interactions can cause.

The relationship of advocate investigation and evidence in criminal proceedings

The article examines the institution of a lawyer’s investigation in criminal proceedings, as well as the activity of a defense attorney in collecting evidence within the framework of criminal proceedings, which should be regulated as fully and qualitatively as possible (as far as possible) in order to implement such principles of criminal proceedings as the presumption of innocence, ensuring the suspect’s right for the defense, competition of the parties, and these principles should apply not only at the stage of the trial, but also at the stage of the pre-trial investigation. Attention is drawn to the fact that currently, in practice, in the absence of legislative regulation of the procedure for the inclusion of information collected by the defense counsel in the materials of criminal proceedings, the defense counsel has to make a reasoned request to officials who are conducting criminal proceedings. It is noted that evidentiary information collected by the defense attorney on his own without involving the materials of the criminal proceedings cannot be used in the process of proving and substantiating the position of the defense in the criminal proceedings, i.e. become evidence in the full sense of the word. In this regard, it is proposed to make changes to the Criminal Procedure Code of Ukraine regarding the procedure for the inclusion of information collected by the defense attorney in the materials of criminal proceedings, including the procedure for providing it by the defense attorney and the procedure for receiving it from the defense attorney by the inquirer, investigator, prosecutor, and court, specifying that no the right, and the duty of persons conducting pre-trial investigation in criminal proceedings to attach evidentiary information to the materials of criminal proceedings. It is pointed out the need for regulatory regulation of the specified legal relations in view of the importance of the development of the institution of evidence collection by the subjects of criminal proceedings, including the defense attorney; since his activity in this field is necessary for the practical implementation of the principle of adversarial criminal proceedings, equality of the parties, as well as for objective pre-trial investigation and trial of each specific criminal proceeding.

Certain aspects of communication with persons interrogated in court in criminal proceedings

The purpose of this study was to investigate the legal, psychological, and tactical forensic aspects of communication with witnesses during court interrogation, as well as to determine the impact of these aspects on the use of their testimony as evidence and the dynamics of the trial. The methodological framework of the study included the theoretical analysis of the communicative aspects of testimonies, a review of scientific publications on this problematic, and the application of the structural and functional method. The study examined the communicative features of judicial examination of witnesses in criminal proceedings as a valuable tool for obtaining information about the factual circumstances of a case. The study showed that the success of a communication act during interrogation largely depends on the ability of the person conducting it to manage the course of communication and establish psychological contact with the witness. The complex and multifaceted nature of witness interrogation, which requires compliance with procedural rules and the use of forensic recommendations, was confirmed. It was found that psychological aspects play a significant role in communication during judicial interrogation. The study examined the role of the prosecutor and the defence lawyer in establishing the circumstances of the case through effective communication with witnesses. The study summarised the legal, psychological, and tactical features of obtaining testimony during various types of judicial interrogation, especially direct and cross-examination, with an emphasis on asking questions, including leading questions. This study will contribute to the development of practical recommendations for prosecutors and defence lawyers on effective communication with witnesses and improving their professional skills

SOCIAL FACTORS SPECIFYING THE SPEECH OF COURT SESSION PARTICIPANTS

The expression of language units in a court session serves as a prime example of the manifestation of social standing and its corresponding speech patterns. Unlike any other speech situation, the court’s reliance on its just principles, strict rules and regulations in conducting discussions, and its commitment to fair justice based on citizens’ equality before the law and the court, underscore its official status as an arm of state power. The article will highlight the social factors that influence the speech of the main participants in a court session: the presiding judge, the state prosecutor and the defense attorney. It will analyze how these factors contribute to the unique language they use in their speeches.

Suspect race affects defense attorney evaluations of preidentification evidence.

When an officer places a suspect in an identification procedure and the witness identifies the suspect, it falls on attorneys to make decisions that reflect the strength of that identification. The factor that most affects the strength of identification evidence is the likelihood that the suspect is guilty before being subjected to the procedure, which scholars refer to as the prior probability of guilt. Given large racial disparities in exonerations based on eyewitness misidentifications, the current work examined whether defense attorneys are less sensitive to prior evidence of guilt when the defendant is Black as opposed to White. We predicted that when the defendant's race was described as White rather than Black, attorneys' judgments would be more sensitive to variations in the evidence that would influence the base rate of guilt. We also predicted that attorneys would rate the case as stronger when the victim's race was described as White rather than Black. We gave 316 defense attorneys case files (modeled after the New York Police Department's style) that varied the strength of the preidentification evidence (strong vs. weak), the race of the defendant (Black vs. White), and the race of the victim (Black vs. White). Attorneys made judgments that were sensitive to the base rate of guilt, but self-report measures demonstrated that they did not understand the extent to which the base rate of guilt influences the reliability of eyewitness evidence. Participants also rated the strength of the preidentification evidence as stronger for Black than for White defendants. Although attorneys are intuitively sensitive to the strength of preidentification evidence, they lack conscious awareness of how a suspect's prior probability of guilt affects likelihood of a mistaken identification, which may have implications for their ability to make race-neutral evaluations of preidentification evidence. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Defense attorney perspectives about juvenile interrogations: SROs, parents, and the adolescent defendant

ABSTRACT Adolescent suspects’ developmental immaturity renders them more susceptible than adults to unreliable and involuntary confessions. Defense attorneys can mitigate youths’ interrogation-related vulnerabilities; however, no quantitative studies examine attorneys’ views on juvenile interrogations and confession evidence. We surveyed 137 juvenile defense attorneys regarding the role of counsel, parents, school administrators, and school resource officers (SROs) in juvenile interrogations and confessions and whether juvenile client age and indigent status related to perceptions. Defense attorneys reported that most juveniles waive their rights and incriminate themselves to police before attorneys even receive the case. Attorneys agreed that parents should be allowed to participate if they wish, even though they believed parents are often uninformed or unhelpful in the defense process. According to this attorney sample, SROs often question students without Mirandizing them, and students believe they must answer questions from both SROs and school administrators. Attorneys reported numerous challenges associated with defending interrogated juveniles, including dispositional vulnerabilities, parent-related problems, systemic challenges, and litigation difficulties. Overall, findings indicate the need for policy and practice reforms like required assistance of counsel during interrogations, electronic recording of interrogations, developmentally-informed training for school administrators, SROs, prosecutors, and judges, and improved discovery and funding to support youth.

Virginia Alford plea-takers experience harsher outcomes than traditional plea-takers.

Alford pleas allow defendants to profess innocence while simultaneously pleading guilty. In Study 1, we addressed two research questions: (1) Does the case processing length in Alford plea cases differ from traditional guilty plea cases? and (2) Do the sentencing outcomes (i.e., length of sentence, reduction in sentence, incarceration) in Alford plea cases differ from traditional guilty plea cases? In Study 2, we explored two research questions: (1) What is the process for offering, negotiating, and accepting Alford pleas? and (2) How does the strength of evidence compare in Alford plea cases versus traditional guilty plea cases? In Study 1, we predicted that (a) Alford plea cases would take longer to dispose of than traditional guilty plea cases, and (b) Alford plea cases would receive more beneficial sentencing outcomes (e.g., shorter sentences, larger sentence reductions) than traditional guilty plea cases. The research questions in Study 2 were exploratory; thus, we did not have a priori hypotheses. Study 1 is a quantitative analysis of 18 years of Virginia court administrative data, and Study 2 is a qualitative analysis of interviews with Virginia judges, prosecutors, and defense attorneys. In Study 1, we found that Alford plea cases take longer to process and generally receive harsher, less favorable outcomes compared with traditional guilty pleas. In Study 2, we found that legal actors do not perceive evidence to be a driving factor in the context of Alford pleas and largely do not consider Alford pleas differently from traditional guilty pleas. Additional research would be beneficial to ensure that defendants are not punished simply for insisting on their innocence. Given that almost all convictions are the result of guilty pleas, some entered without admissions of guilt, increased scholarship on traditional and Alford pleas is essential. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Проблемы привлечения адвокатом-защитником специалиста в уголовном судопроизводстве

The article studies the problems of attracting a specialist defense lawyer in criminal proceedings. The author examines the main reasons for the opposition of government entities to the right of the defense to present a specialist’s report, which contains a revision of the expert’s report. The legal positions of the European Court of Human Rights, as well as the Constitutional Court of the Russian Federation on issues of expert evidence are noted. In addition, the researcher turns to practical examples of both negative rejection of a specialist’s conclusion as unacceptable criminal procedural evidence, and the positive practice of perceiving a specialist’s conclusion as a basis for ordering a repeat forensic examination and even termination of a criminal case. Ultimately, the author concluded that it is necessary to reform the domestic criminal process in order to increase the efficiency of attracting a specialist defense lawyer as a means of countering criminal prosecution.

Justice for All: Tailoring Laws for Disabled Youth in Legal Battles

Disabled children are considered as the most vulnerable individuals. Because of their physical and/or mental disability they are also considered as the most vulnerable victims. Such children may also face challenges as “children in conflict with law”. Disabled children may be used for several criminal offences While such children may be used for theft etc, voices of such children may also be used without their knowledge or consent for committing several kinds of cybercrimes. Such children may also be engaged in sexual offences. Protection of Children from Sexual Offences Act (POCSO), 2013 mentions about engagement of special educator /translator for assisting disabled child victims. Even though The Juvenile Justice (Care and Protection of children) Amendment Act, 2021 also mentions about engaging such translator etc for helping disabled children, the Act however does not provide much information about the tools and the process of assisting disabled children in conflict with law with the translators and special educators. It is hence to argue that the rights of the disabled children in conflict with law may not be properly acknowledged and executed due to absence of legal guidance regarding usage of specific forensic tools, legal lacunae concerning the assistance of the special interpreters/translators, proper interpretation of their behavior/ communication of such children and their guardians /care givers. As children in conflict with law they may need to arrange for their defense lawyers and interpreters. But in majority of cases such children may not access free legal aid and proper interpreters due to their socio-economic conditions and due to lack of awareness of their parents or caregivers. This paper suggests that better forensic tools for assisting such children, assessing their behavior, their testimony and evidences in trials are needed on the basis of the types of disability. This paper also suggests that the qualification of the interpreters and translators may be revised considering the need of contemporary digital era and misuse of disabled children for commission of crimes.