Convictions Through Hearsay in Child Sexual Abuse Cases: A Logical Progression Back to Square One

• NCJ Number: 118965
• Journal: Marquette Law Review Volume: 72 Issue: 1 Dated: (Fall 1988) Pages: 47-62
• Author(s): F M Tuerkheimer
• Date Published: 1988
• Length: 16 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

In child abuse cases, a clear conflict exists between the interests of a child in avoiding testifying at a trial and the defendant's interest in questioning the witness.

Abstract

Exceptions to the hearsay rule can admit evidence pointing unmistakably to the defendant's guilt. Exclusive reliance on such evidence places the defendant in a position with no meaningful witness to cross-examine. The defendant then is faced with the dilemma that the rule against hearsay is designed to avoid. It is suggested that if the distinction between admissibility and sufficiency is maintained, then the logic of numerous hearsay rule exceptions can be accepted, leaving the defendant's right to confront intact. A workable compromise can be made by requiring at least some non-hearsay proof of the defendant's guilt. 63 Notes.