NCJ Number
137900
Journal
Journal of Juvenile Law Volume: 7 Issue: 1 Dated: (1983) Pages: 31-39
Date Published
1983
Length
9 pages
Annotation
Numerous suggestions have been made to assist in child abuse cases where children serve as the State's chief witness; these include the use of trained investigators, vertical prosecution, and videotaped testimony; and expansion of the hearsay rule to include "absent by reason of mental duress."
Abstract
In 1969, David Libai proposed the use of a special child courtroom to resolve the dilemma of the constitutional command for direct confrontation between a defendant and his accuser and the emotional trauma suffered by children through a direct encounter. Using one-way glass and electronic equipment, the defendant would be able to see the witness, but the child would not see the defendant. The child courtroom would feature a non-threatening environment for the child witness. The Eighth Circuit, in United States v. Benfield, limited the use of videotaped depositions. While Benfield did not eliminate every conceivable substitute for face-to-face confrontation, courts have been reluctant to depart from a strict construction of this Sixth Amendment right. The author suggests that the Libai model could be modified with the addition of a reverse video monitor which allows the child witness to "see" the defendant, at least momentarily. 45 notes