Courtroom Canines Are Leading Courtroom Accommodations for Children

Dogs are being used in court to help kids who have to testify. Some people worry that it might make the jury feel sorry for the kids and not be fair to the person on trial. But research shows that having a dog in court doesn’t actually make a difference. It’s actually the best way to help kids feel less stressed when they have to talk in court. The adversarial judicial system assumes that aggressive cross-examination helps to find the truth, but it can be really upsetting for child witnesses. When children are asked about a traumatic event, their brain can shut down, leaving them frozen and unable to think clearly. This can have long-term effects on their mental health and their willingness to report crimes in the future.

There are ways to make testifying in court easier for children, like using closed circuit television to testify, having a support person or comfort object with them, or even having a courtroom canine to comfort them. These methods can help children feel more at ease and give clear and reliable testimony without prejudicing the defendant or influencing the jury. Courthouse facility dog programs have been established in many states, with specially trained dogs working in courtrooms to help calm and support victims, especially children. The presence of therapy dogs during trial has been controversial, with some state courts allowing it while federal courts have not yet permitted it. The use of comfort objects, like therapy dogs, is allowed in federal courts, so there may be changes in the future. The Courthouse Dogs Act is a bill currently pending before the House of Representatives that would allow trained dogs to support witnesses, especially children, in court. The bill is too restrictive as it only allows for facility dogs and excludes therapy dogs. To increase the likelihood of success in using a courtroom canine, evidence of the dog’s training and how it benefits the child should be included in a motion filed by an attorney. If the motion is denied, a stuffed animal resembling the courtroom canine can be used as a substitute. Many state courts have endorsed the use of courtroom canines with a balancing approach, requiring specialized training for the dog and procedures to minimize the impact on jurors. It’s important for the judge or lawyer to tell the jury that a dog will be in the courtroom during the trial. This is to avoid any surprises that could affect the trial. They also need to ask the jury about their feelings towards dogs, like if they have allergies or are afraid of them. The instructions given to the jury also need to make it clear that the dog in the courtroom is not a service dog or therapy dog. This will help make sure there’s no bias against the witness or defendant. Research shows that having a dog in the courtroom can help child witnesses feel more comfortable and testify better. So, it’s important for judges and lawyers to put in place procedures to make sure the dog doesn’t cause any problems in the trial. Overall, using dogs in the courtroom can be really helpful for child witnesses without causing any unfairness in the trial, so it should be allowed in most cases.

Source: https://www.floridabar.org/the-florida-bar-journal/courtroom-canines-are-leading-courtroom-accommodations-for-children/