NCJ Number
107924
Journal
Indiana Law Review Volume: 20 Issue: 1 Dated: (1987) Pages: 161-182
Date Published
1987
Length
22 pages
Annotation
Indiana has enacted legislation to make it easier to prosecute those who sexually abuse children.
Abstract
A 1984 statute creates a hearsay exception that allows admission at trial of an extrajudicial statement or videotape of a child victim under 10 years old under certain conditions. While it is unquestionably desirable to protect the rights of victims and reduce the trauma of proceedings, such approaches raise serious constitutional issues related to the defendant's right to jury trial and to confront witnesses, and the jury's common law right to question witnesses. In addition, the effects of videotaped presentation on the presumption of the defendant's innocence and right to fair trial is uncertain. It is suggested that insofar as legislative modification of trial and evidentiary procedures may abridge the defendant's rights, such procedures should be altered as little as necessary. Alternative measures, such as reducing the number of interviews and continuances and preparing the child for courtroom experience, provide less extreme means of reducing the trauma of the child victim-witness. 165 footnotes.