NCJ Number
100949
Journal
Washburn Law Journal Volume: 23 Dated: (1984) Pages: 265-286
Date Published
1984
Length
22 pages
Annotation
Kansas' 1982 law that presumes reliability in child victim hearsay statements and sets a standard for jury instructions in interpreting such evidence should have procedural supports to ensure defendants' rights to due process of law and confrontation of witnesses.
Abstract
To address problems in obtaining evidence from children, the law permits the introduction of pretrial statements made by child crime victims or children alleged to be deprived or in need of care. Statements must be material to the case, and the court must hold a hearing to determine the statement's reliability and the child's unavailability or disqualification for in-person testimony. When such statements are admitted as< evidence, the law requires that the jury be instructed to weigh it in accordance with the child's age and maturity, the statement's nature, the circumstances under which it was made, any threats or promises to the child, and other relevant factors. This law should have procedural supports to ensure a fair trial. They should include equal access to the child through examinations by qualified psychologists or psychiatrists for each party. This would ensure the defendant's right to confront all witnesses. Due process rights should also permit child witnesses having evidence favorable to the defendant to come under the hearsay exception for pretrial statements. The mandatory jury instruction should be modified to fit the evidence or be eliminated. 168 footnotes.