NCJ Number
108870
Journal
Oklahoma Law Review Volume: 40 Issue: 1 Dated: (Spring 1987) Pages: 69-98
Date Published
1987
Length
30 pages
Annotation
This article analyzes the Oklahoma statute that permits child witnesses to testify by closed-circuit television (CCT), compares it with other State statutes, and assesses its constitutionality.
Abstract
The statute provides, among other things, for the child to testify outside the courtroom, to be televised by CCT, and to be viewed simultaneously by the court. The law's intent is to reduce the trauma that might be experienced by the child in having to confront the defendant personally and cope with the various unfamiliar stimuli of the courtroom setting. This statute raises constitutional questions pertaining to the right of the accused to confront prosecution witnesses, the right of compulsory process for obtaining defense witnesses, and the right of defendants to represent themselves. Regarding confrontation of the witness, CCT permits cross-examination of the witness by the defense. Although it does not allow an in-person confrontation with the witness, this is not essential to fulfilling the legal elements of a confrontation. The right of a defendant to compel a child to testify on behalf of the defense is not violated by the CCT provision. Compelled CCT testimony would meet this requirement. In the case of a defendant representing himself/herself, this would require that the defendant directly confront the child witness in the role of a cross-examining attorney. Although this may defeat the purpose of the CCT child witness testimony (i.e., not to have to confront the defendant), the negative effect could be minimized by amending the law to allow the child to hear and view the defendant on a television monitor. 210 footnotes.