NCJ Number
187363
Journal
Journal of Juvenile Law Volume: 20 Dated: 1999 Pages: 127-140
Editor(s)
Tonya K. Cole
Date Published
1999
Length
14 pages
Annotation
This commentary explores the duty of child witnesses testifying against gang violence and the lack of duty to protect those children who do; the ability of the legal system to place someone in harm’s way, only to protect the rights of those who have been accused.
Abstract
This commentary attempts to encourage a look at the situation of children who are faced with gang violence everyday. Many children who die from gang violence have no gang contacts other than what has been forced upon them because of their economic plight. All witnesses who testify against gang violence may face some risk of retaliation, the most vulnerable witnesses are the children. The Sixth Amendment states in pertinent part, “In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him.” Even though the Amendment does not have explicit language granting a defendant any right to a face-to-face confrontation that is how the United States Supreme Court interprets it. Parents ask themselves whether it is worth it to place their children in a situation of never-ending fear. The movement to protect witnesses is gaining momentum and the children in crime infested neighborhoods must be represented in this push. With the Supreme Court’s recognition in the case of Maryland v. Craig that assumes there are circumstances that excuse compliance with the right of defendant’s confronting witnesses in child sexual assault cases, legislation reform should be explored providing for the concealment of child witnesses if specific findings of risk of death are present. At minimum, consideration should be given to a required full written disclosure to the parents of children witnesses in these incidents. A requirement to reveal facts that there may be serious concern for life anytime there is testimony provided against a gang, with little to no protection available to maintain their safety. This is the dilemma of allowing children to testify as key witnesses to gang violence.