NCJ Number
102060
Date Published
Unknown
Length
61 pages
Annotation
Sample statutes and accompanying commentaries address four recent legislative reforms to facilitate child victim/witness testimony: a hearsay exception for a child victim's out-of-court statement, videotaped depositions of a child victim's testimony, closed-circuit televising of a child victim's trial testimony, and revision of the testimonial competency standard for children.
Abstract
The sample hearsay exception permits the admission in evidence of a child's out-of-court statements under specified conditions, which include the child's unavailability to testify due to the delineated conditions. The approved conditions of unavailability include the child's death, absence from the jurisdiction, memory failure, persistent refusal to testify, mental or physical disability, and substantial probability that the child will suffer emotional trauma from testifying in person or via closed-circuit television. Sample legislation permitting a child's testimony through videotape and closed-circuit television delineates procedures for recording and presenting such testimony. The sample legislation revising the standards for competency to testify removes any competency obstacle to a child's testimony based on age alone. States having statutes of the type described are listed, as are court cases challenging the laws in each State. The sample legislation is not intended as model legislation. Also included are the American Bar Association's 'Guidelines for the Fair Treatment of Child Witnesses in Cases Where Child Abuse is Alleged' and recommendations for improving legal intervention in incest cases. 8 suggested readings.