NCJ Number
116479
Journal
Journal of Criminal Law and Criminology Volume: 79 Issue: 3 Dated: (Fall 1988) Pages: 759-794
Date Published
1988
Length
36 pages
Annotation
This article discusses a recent Supreme Court holding that a one-way mirror placed between the child victims of an alleged sexual assault and the defendant during the victims' testimony at trial violated the defendant's sixth amendment right to confront witnesses testifying against him.
Abstract
The facts and procedural history of the case, Coy v. Iowa, are discussed in detail. The article endorses the reasoning of the Supreme Court in the case, but argues that the defendant's right to a face-to-face confrontation with his accusers is not absolute. The Court should recognize, on a case-by-case basis, certain public policy exceptions that would permit the use of devices protecting witnesses from direct confrontation with the accused, provided a showing of necessity can be made. Absent a showing of necessity, devices screening the defendant from his accusers violates the defendant's sixth amendment confrontation right. 284 footnotes.