Substantive Use of Prior Statements in Child Abuse Trials

• NCJ Number: 105708
• Journal: Air Force Law Review Volume: 26 Dated: (1987) Pages: 83-109
• Author(s): J J Traficanti; R K Bowers
• Date Published: 1987
• Length: 28 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

This article discusses the substantive use of prior statements in child abuse trials in which the victim-witness refuses to testify, recants, or fails to 'remember' what happened.

Abstract

Prior inconsistent statements, excited utterances, statements made for medical treatment, and residual hearsay provide avenues by which the trial counsel can salvage the case. If the prior statement was made at a qualified, formal proceeding, Federal and Military Rule of Evidence 801(d)(1)(A) or 804(b)(1) provide the necessary exceptions. Otherwise, counsel should use Rule 803(2) or 803(4) followed by attempts to bring the evidence in under Rule 803(24) or 803(b)(5) as residual evidence. 284 footnotes.