The Legal Status of Forensic Interviewer in Offenses Against Sexual Autonomy Cases of Children—With Discussions of the Possibility of Introducing the Child Advocacy Center
碩士 === 國立交通大學 === 科技法律研究所 === 106 === In cases of offenses against sexual autonomy of children, because of its secrecy in nature, the victim’s testimony is the most crucial evidence of all. In addition, because of the limited ability of children’s cognition, memory and language development, it is ha...
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ndltd-TW-106NCTU57050212019-05-16T01:24:32Z http://ndltd.ncl.edu.tw/handle/5ffwbp The Legal Status of Forensic Interviewer in Offenses Against Sexual Autonomy Cases of Children—With Discussions of the Possibility of Introducing the Child Advocacy Center 兒童妨害性自主案件中司法詢問員之定位 —兼論我國引進兒童倡議中心之可能性 Chueh, Shih-Chao 闕士超 碩士 國立交通大學 科技法律研究所 106 In cases of offenses against sexual autonomy of children, because of its secrecy in nature, the victim’s testimony is the most crucial evidence of all. In addition, because of the limited ability of children’s cognition, memory and language development, it is hard to obtain testimony that is both correct and complete from them, thereby decreases the conviction rate. In some cases, it might lead to wrongful conviction because of false testimony. Traditionally, to respond to the aforementioned pain point, both Taiwan and the United States apply traditional procedural tools including hearsay exception, the deviation from strict confrontation requirements and protection measures in trial proceedings. However, the traditional procedural tools might fail owing to children’s memory loss or the contamination from other people. To improve this situation, the United States introduced two new procedural tools—forensic interviewer and the multidisciplinary team. In Taiwan, many one-stop services have been set up in the past 10 years, and Article 15-1 of the Sexual Assault Prevention Act has gone into effect on January 1st, 2017. Nonetheless, this thesis suggests that there are certain flaws in applying the new procedural tools in Taiwan. This thesis will present the flaws in applying the two new procedural tools in Taiwan and propose solutions to the flaws by introducing the practice of applying the new procedural tools in the United States. We will also discuss whether it is possible to introduce Child Advocacy Center that is similar to that in the United States. Chin, Mong-Hwa 金孟華 2018 學位論文 ; thesis 79 zh-TW |
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碩士 === 國立交通大學 === 科技法律研究所 === 106 === In cases of offenses against sexual autonomy of children, because of its secrecy in nature, the victim’s testimony is the most crucial evidence of all. In addition, because of the limited ability of children’s cognition, memory and language development, it is hard to obtain testimony that is both correct and complete from them, thereby decreases the conviction rate. In some cases, it might lead to wrongful conviction because of false testimony. Traditionally, to respond to the aforementioned pain point, both Taiwan and the United States apply traditional procedural tools including hearsay exception, the deviation from strict confrontation requirements and protection measures in trial proceedings. However, the traditional procedural tools might fail owing to children’s memory loss or the contamination from other people. To improve this situation, the United States introduced two new procedural tools—forensic interviewer and the multidisciplinary team. In Taiwan, many one-stop services have been set up in the past 10 years, and Article 15-1 of the Sexual Assault Prevention Act has gone into effect on January 1st, 2017. Nonetheless, this thesis suggests that there are certain flaws in applying the new procedural tools in Taiwan. This thesis will present the flaws in applying the two new procedural tools in Taiwan and propose solutions to the flaws by introducing the practice of applying the new procedural tools in the United States. We will also discuss whether it is possible to introduce Child Advocacy Center that is similar to that in the United States.
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author2 |
Chin, Mong-Hwa |
author_facet |
Chin, Mong-Hwa Chueh, Shih-Chao 闕士超 |
author |
Chueh, Shih-Chao 闕士超 |
spellingShingle |
Chueh, Shih-Chao 闕士超 The Legal Status of Forensic Interviewer in Offenses Against Sexual Autonomy Cases of Children—With Discussions of the Possibility of Introducing the Child Advocacy Center |
author_sort |
Chueh, Shih-Chao |
title |
The Legal Status of Forensic Interviewer in Offenses Against Sexual Autonomy Cases of Children—With Discussions of the Possibility of Introducing the Child Advocacy Center |
title_short |
The Legal Status of Forensic Interviewer in Offenses Against Sexual Autonomy Cases of Children—With Discussions of the Possibility of Introducing the Child Advocacy Center |
title_full |
The Legal Status of Forensic Interviewer in Offenses Against Sexual Autonomy Cases of Children—With Discussions of the Possibility of Introducing the Child Advocacy Center |
title_fullStr |
The Legal Status of Forensic Interviewer in Offenses Against Sexual Autonomy Cases of Children—With Discussions of the Possibility of Introducing the Child Advocacy Center |
title_full_unstemmed |
The Legal Status of Forensic Interviewer in Offenses Against Sexual Autonomy Cases of Children—With Discussions of the Possibility of Introducing the Child Advocacy Center |
title_sort |
legal status of forensic interviewer in offenses against sexual autonomy cases of children—with discussions of the possibility of introducing the child advocacy center |
publishDate |
2018 |
url |
http://ndltd.ncl.edu.tw/handle/5ffwbp |
work_keys_str_mv |
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