Courthouse Facility Dogs: Considerations for Prosecutors and Defense Attorneys
Date
2020
Authors
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Journal ISSN
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Publisher
THE AMERICAN SOCIETY OF TRIAL CONSULTANTS, INC.
Abstract
The use of courthouse facility dogs to comfort vulnerable witnesses has increased in recent
years. Courthouse facility dogs are specially trained to work in legal settings while being as
inconspicuous as possible. The Victims of Child Abuse Act and the Uniform Child Witness
Testimony by Alternative Methods Act allow judges to accommodate vulnerable child witnesses
by allowing them to testify using closed-circuit tv, by videotape, while holding a toy, or while
sitting with a supportive adult. Several judges have stated that facility dogs are an extension of
these acts and have allowed witnesses to use them in the courtroom. The potential pros and cons
of using courthouse facility dogs have been discussed colloquially. The pros include allowing the
witness to testify without retraumatizing them, allowing the witnesses to testify face to face with
the defendant, and allowing the witness to give clear and coherent testimony. Some cons are that
the dogs might cause a distraction, limit the defense attorney’s ability to seek the truth from the
witness, and prejudice the jury. These issues have recently been studied scientifically and the
data suggests that facility dogs do offer witnesses comfort but do not prejudice the jury. This
article will review why courthouse facility dogs are used in courts, offer advice on the use of
courthouse facility dogs to both prosecutors and defense attorneys, and discuss the current
research on courthouse facility dogs. These are all factors that should be considered by trial
attorneys when deciding to ask for or object to the use of courthouse facility dogs.
Description
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Keywords
facility dogs, court, trial, victims, therapy dogs, testimony, child witness
Citation
Jones, H. D., & Miller, M. K. Courthouse Facility Dogs: Considerations for Prosecutors and Defense Attorneys.