NCJ Number
107284
Journal
California Western Law Review Volume: 23 Issue: 1 Dated: (Fall 1986) Pages: 52-71
Date Published
1986
Length
20 pages
Annotation
A new California statute allows children 10 years old or younger to testify in child sexual abuse proceedings via two-way closed-circuit television (CCTV).
Abstract
The purpose of the reform is to reduce the child victim's trauma and increase the availability and accuracy of testimony. The law requires the court to state reasons for ordering CCTV testimony, instruct the jury to draw no inferences from the use of CCTV, and instruct counsel to make no comments on the use of CCTV. Despite its positive intent, the new law raises serious constitutional and practical questions. The latitude and ambiguity of criteria for the use of CCTV will cause problems in its application. The statute also threatens basic tenets such as the defendant's right to confront complaining witnesses. The effect of CCTV on the child, the court, and the jury is not known. Finally, the statute is unnecessary as there are other means available for protecting child witnesses that still permit their integration into the court process. 137 footnotes.