CHILDREN AND THE LAW
...The Child Witness
......Direct Confrontation—Avoidance
.........Testimony Out of Sight of Party/Accused
............Criminal-Delinquency Proceedings
6 Cards On This Topic:
  • Right to confrontation denied when accused cannot see witness testify. Victim cannot testify from behind screen.
  • Child victim’s hearsay statements under residual hearsay exception clause violates confrontation clause of Sixth Amendment.
  • Testimony at trial by child victim through closed circuit television does not violate Sixth Amendment right to confrontation.
  • No Sixth Amendment violation to exclude D from in-chambers hearing to determine if child witness competent to testify.
  • Court properly considered transcript of child’s testimony in prior hearing in dependency proceeding.
  • Minor’s prior consistent statements in videotape interview properly admitted where D impeached minor with inconsistent statements from preliminary examination.