CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay
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Confrontation
.........Closed Circuit TV/Videotape/Glass
7 Cards On This Topic:
Use of closed-circuit TV in criminal sexual offense cases involving minors.
Testimony at trial by child V through closed-circuit TV does not violate Sixth Amendment right to confrontation.
D's confrontation right not violated by allowing minor victim to testify via 2-way closed circuit television.
Admission of videotaped interview of nontestifying 2 1/2 year old re alleged abuse constitutes gross denial of D's Confrontation Clause rights.
Child witness who is not a victim may at times testify by closed-circuit T.V. w/out violating D's right to confront witnesses, and CA courts have the inherent authority to order remote testimony in such circs.
No abuse of discretion in having child abuse V testify via closed-circuit T.V. where there was substantial evidence she would suffer great emotional distress if forced to testify.
D's confrontation right violated where court did not hold evidentiary hearing to assess factual necessity for alleged V to testify behind one-way glass.