NCJ Number
104901
Journal
San Diego Law Review Volume: 23 Issue: 4 Dated: (1986) Pages: 919-938
Date Published
1986
Length
20 pages
Annotation
In an effort to protect the sexually abused child witness from the further trauma of live testimony, the California Legislature recently enacted Penal Code section 1347, allowing the use of closed-circuit television to transmit the child's testimony to the courtroom from another location.
Abstract
This and similar statutes have been challenged in the courts on several constitutional grounds. These have included violations of the defendant's rights to confront adverse witnesses and due process. In addition, it has been argued that the use of television limits the right to cross-examine and may not accurately convey the demeanor of the witness. It is argued that society has a compelling need to protect child sexual abuse victims from further psychological and emotional harm. While it also has a compelling need to preserve the rights of the defendant, these two needs are not mutually exclusive. Since closed-circuit television can be used without any substantial infringement of the defendant's rights and because the need to protect the child victim is overwhelming, the scale must tip in the child's direction in a weighing of these competing interests. 122 footnotes.