NCJ Number
145096
Journal
Journal of Child Sexual Abuse Volume: 1 Issue: 3 Dated: (1992) Pages: 15-30
Date Published
1992
Length
16 pages
Annotation
This article reviews three recent Supreme Court decisions involving the issues of an accused's Sixth Amendment right to confront an accuser and of hearsay evidence.
Abstract
In Maryland vs. Craig, the Court ruled that victim testimony via closed circuit television is constitutional under certain circumstances to be considered on a case-by- case basis--if it is necessary in order to protect a child victim from the trauma of facing the abuser, and if the procedure includes the sworn oath of the accuser, preserves the accused's right to cross-examine, and allows the jury to observe the accuser's demeanor. In Idaho vs. Wright, the Court ruled a pediatrician's testimony inadmissible under the "firmly rooted" principle; and in White vs. Illinois, accepted hearsay evidence that fulfilled that principle. It also ruled that hearsay evidence may be admissible before a child victim is called to the stand or declared incompetent to testify, and set forth a test for determining the constitutionality of hearsay evidence in child sexual abuse cases. 73 references