CHILDREN AND THE LAW
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The Child Witness
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Direct Confrontation—Avoidance
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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.