Section 78. (b) Children.
The special character of the child has to be kept in mind both
when it appears as witness and as accused. To treat it like an adult
is always wrong. It would be wrong, moreover, to seek the differences
in its immaturity and inexperience, in its small knowledge and
narrower outlook. This is only a part of the difference. The fact
is, that because the child is in the process of growth and development
of its organs, because the relations of these to each other are different
and their functions are different, it is actually a different kind of
being from the adult. When we think how different the body and
actions of the child are, how different its nourishment, how differently
foreign influences affect it, and how different its physical qualities
are, we must see that its mental character is also completely
different. Hence, a difference in degree tells us nothing, we must
look for a difference in kind. Observations made by individuals are
not enough. We must undertake especial studies in the very rich
literature.[1]
[[ id="n78.1"]]
Tracy: The Psychology of Childhood. Boston 1894.
M. W. Shinn: Notes on the Development of a Child. Berkeley 1894.
L. Ferriani: Minoretti deliquenti. Milano 1895.
J. M. Baldwin: Mental Development in the Child, etc. New York 1895.
Aussage der Wirklichkeit bei Schulkindern. Beitrage z. Psych. d. Aussage. II.
1903
Plüschke: Zeugenaussage der Schüler: in Rechtsschutz 1902.
Oppenheim: The Development of the Child. New York 1890.
