The role of the witness in criminal proceedings: importance, vulnerabilities, and psychological implications

The witness plays a crucial role in criminal proceedings, serving as a key source of evidence for establishing facts, assessing credibility, and delivering justice. Beyond their legal significance, witnesses often face considerable psychological and emotional challenges arising from participation in legal processes that can be adversarial and intimidating. This paper explores the multifaceted importance of witnesses in criminal trials, examining their contribution to the pursuit of truth and the protection of defendants' rights. It further analyzes the vulnerabilities that witnesses may experience, including fear of retaliation, stress, memory distortion, and secondary victimization, all of which can affect the reliability of testimony and the fairness of the trial. Particular attention is paid to the psychological implications for vulnerable witnesses, such as children, victims of violent crimes, or individuals with cognitive impairments, who require special procedural safeguards to mitigate trauma and ensure effective participation. The paper underscores the need for legal systems to adopt victim- and witness-friendly measures, balancing procedural rights with psychological protection. Understanding the psychological dimensions of witness testimony is essential for legal professionals aiming to enhance witness cooperation, preserve mental health, and uphold the integrity of criminal justice. Future research should further investigate evidence-based interventions to support witnesses throughout the judicial process.

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Publication Details

Journal
Proceedings of the International Conference on Social Sciences Humanities and Arts
Published
2025-09-23
DOI
https://doi.org/10.33422/icsha.v2i1.1290
Primary Topic
Deception detection and forensic psychology
Type
article
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article

The role of the witness in criminal proceedings: importance, vulnerabilities, and psychological implications

Mihaela Rus
Proceedings of the International Conference on Social Sciences Humanities and Arts
Deception detection and forensic psychology
article

The role of the witness in criminal proceedings: importance, vulnerabilities, and psychological implications

Mihaela Rus
article en

Abstract

The witness plays a crucial role in criminal proceedings, serving as a key source of evidence for establishing facts, assessing credibility, and delivering justice. Beyond their legal significance, witnesses often face considerable psychological and emotional challenges arising from participation in legal processes that can be adversarial and intimidating. This paper explores the multifaceted importance of witnesses in criminal trials, examining their contribution to the pursuit of truth and the protection of defendants' rights. It further analyzes the vulnerabilities that witnesses may experience, including fear of retaliation, stress, memory distortion, and secondary victimization, all of which can affect the reliability of testimony and the fairness of the trial. Particular attention is paid to the psychological implications for vulnerable witnesses, such as children, victims of violent crimes, or individuals with cognitive impairments, who require special procedural safeguards to mitigate trauma and ensure effective participation. The paper underscores the need for legal systems to adopt victim- and witness-friendly measures, balancing procedural rights with psychological protection. Understanding the psychological dimensions of witness testimony is essential for legal professionals aiming to enhance witness cooperation, preserve mental health, and uphold the integrity of criminal justice. Future research should further investigate evidence-based interventions to support witnesses throughout the judicial process.

Proceedings of the International Conference on Social Sciences Humanities and ArtsVol. 2(1)
Ovidius University (RO)
Openalex Percentile: Top 70%
Deception detection and forensic psychology
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The role of the witness in criminal proceedings: importance, vulnerabilities, and psychological implications — Mihaela Rus · Proceedings of the International Conference on Social Sciences Humanities and Arts (2025) | TGRS Research Map | TGRS