In the American judicial system, would a minor be asked to testify in the homicide case against their parent?

It definitely has happened in the US. I don’t know if the courts have changed since the time of the cases I’m aware of. One that comes to mind was the Palm Beach case in the ‘90’s where the boy’s mom was accused of killing her husband, his dad. He was holding a toy while on the witness stand.

I’m not sure if the child can be compelled to testify against a parent or not. There are rules about forcing a spouse to testify against a spouse. I would imagine it would be the same for a child testifying against their parent. There are times it can be done. 18 USC 3509 spells out when it could be done.

Additionally, it is very risky for a prosecutor to use a minor, especially a young one, to testify against a parent. The child might be afraid to speak out against the parent or the defense might start badgering a child witness which looks bad for everybody.

But I know of one case where it did happen. It was very famous. Diane Downs. The mother that was obsessed with a married man who drove her three kids out into the middle of nowhere and then tried killing them and shot herself. She then drove everyone to the hospital. When the cops showed up, one of the children was dead, one was hanging on by a thread and the third was in critical condition. Downs told the cops she was stopped by a man on the road who pulled her from the car and then reached in to shoot her kids. In the end, the oldest child, Karen, a girl who was 8 at the time of the shooting finally agreed to testify in court. She told the whole world about how her mom stopped the car, got out and went to the trunk, came back with a gun and just started shooting the kids. Her story lined up perfectly with all the forensic evidence the police had.

I think a 10 year old and a 17 year old are two different levels of maturity and knowledge.

Having said that, kids (even younger than 10) have taken the stand, in my recollection.

I believe the thinking behind not compelling a spouse to testify might be on the same lines as a Catholic confession.
Couples speak of things to each other about private things.
If they could be compelled to testify against each other, then lines would be crossed in some cases. Somebody might be grilled on an unrelated matter, and jailed if they don’t speak up.
There are just too many unique twists to consider.

However, asking a child who witnessed something, is entirely different. For one thing, there is no expectancy of confidence. People don’t tend to enter into conversations of private content with their kids.
For another, a child having witnessed acts of violence of a parent, might well be a potential victim. Even cross examination might be contributory to the child’s welfare.

Those are just my guesses.

A child probably has more to lose than a spouse. A child is completely dependent on their parents and cannot defend themselves in a physical match up, except with a lethal weapon when the parent is unprepared.

If the parent they testify against goes free, the child is in a horrific position. The psychological damage must be unimaginable to witness something terrible and then help put their own parent in jail. What if then the child goes into crappy foster care?

Just to be clear, the child in the film was asked deliberately to testify against the mother but was questioned before and at the trial as to what he witnessed. He was also allowed to be in the courtroom through the whole trial although the judge asked him to stay away one day and he refused. It all felt so damaging to me especially as the child was the one who first discovered his father’s body.

Not a normal tactic, but they can offer testimony.
Judges are given discretion to determine whether a child is competent to testify.

It has happened in the US but the laws may have changed since then. I think this kid was only 6 when he watched his dad kill his mom. He was hiding in a closet & dad didn’t know he was there. He didn’t give graphic details but did tell it from the perspective of a 6 y/o choosing to tell it as I saw daddy pull out a gun, then there was a loud bang & then mommy fell of the floor. She didn’t get up. The defense refused to cross examine saying they didn’t want to traumatize the child any further. Dad died in prison & that boy is now in his 40’s & still can’t forgive his dad. During the trial, he didn’t cry. It was like he didn’t understand exactly what had happened but gave enough details as to what had happened for the jury to make a decision.

Although it’s true that a spouse cannot be “forced” to testify against their spouse, they can “volunteer” to testify & their testimony will be accepted.

The child in the Palm Beach case that I mentioned was testifying in support of his mother who was the defendant in the case. She did get acquitted, but then years later was accused of a similar murder. It was crazy. I found this article, you might be able to find one easier to read, this had a lot of ads, if you are very interested. https://www.cbsnews.com/pictures/one-gun-two-crimes-the-trials-of-linda-cooney/14/ There must be youtubes of the story also.

This varies by state, but many states have limited this common law doctrine.

@SnipSnip What common law doctrine? That they can’t or can?

The child would be allowed to refuse testimony by pleading the fith.

@RedDeerGuy1 “The fifth” is self incriminating evidence, the minor would have to have been part of the homicide to plea the 5th.

Witnesses cannot plead the 5th.

@Tropical_Willie Ok. Thanks.

@janbb This is a good article. Parent/Child evidentiary immunity.

https://www.findlaw.com/legal/practice/practice-guide/is-there-a-parent-child-evidentiary-privilege-.html

@Tropical_Willie To be clear, anyone can plead the fifth if their testimony might drag them into any criminal trouble. It could be in another case, even a civil one.

@SnipSnip Thanks for posting the article. It is useful.