Courthouse Facility Dogs: Considerations for Prosecutors and Defense Attorneys

Date

2020

Journal Title

Journal ISSN

Volume Title

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

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.

DOI