NCJ Number
102587
Journal
Judges' Journal Volume: 24 Issue: 4 Dated: (Fall 1985) Pages: 16-19,47-48
Date Published
1985
Length
6 pages
Annotation
This article considers means to balance the interest of avoiding undue stress on a child sexual abuse victim under trial conditions and the right of the defendant to confront all witnesses, with particular attention to relevant California laws.
Abstract
Current California protections for child witnesses include provision for judicial discretion in controlling the mode of interrogation to make it as rapid, distinct, and effective as possible so as to obtain facts without undue harassment or embarrassment to the child witness. A support person may also attend the child during questioning. The magistrate in a preliminary hearing may close the child's examination to the public when there is proof that a public hearing may cause psychological harm to the child. A 1984 California law authorizes two-way closed circuit television in any criminal proceeding involving certain defined children. This is allowed only when the judge determines that the child is physically or emotionally unable to appear at the trial in person. The law requiring that defendants be allowed to confront their accusers would seem to mandate in-person inquiry at some stage. The use of a videotape of such a confrontation at a preliminary hearing presented to the court at trial would prevent duplicative exposure of the child to stressful situations. This is permitted under California law.