Evidence-Wellborn SU2006 Outline

Procedural posture 9 witnesses testified on the

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Unformatted text preview: tutes are about the role of interrogation. Very difficult for a child to testify in a normal way against the abuser; so can we come up with a way to elicit their testimony under oath and subject to cross-examination and soften it. So came up with this statute that children could avoid the courtroom if necessary. Note after case: Iowa = unconstitutional because if they were under a certain age, then they automatically did not have to testify face to face in court.... Had to have other requirements (i.e. trauma that would affect testimony etc.) o Need a case-specific finding of necessity! Maryland not held unconstitutional because they had a case-specific finding of necessity. o Scalia dissented: Confrontation Clause creates an absolute right to face-to-face confrontation. Seems wrong. Now Maryland v. Craig has already been decided: "The state interest in protecting child witnesses from the trauma of testifying in a child abuse case is sufficiently important to justify the use of a special procedure that permits a child witness in such cases to tes...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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