NCJ Number
117615
Journal
St. John's Law Review Volume: 63 Issue: 1 Dated: (Fall 1988) Pages: 124-138
Date Published
1988
Length
15 pages
Annotation
In the Coy v. Iowa case, the U.S. Supreme Court confirmed the prevailing view that the confrontation clause guarantees defendants the right to physically confront adversary witnesses but declined to decide whether this right is absolute.
Abstract
The defendant in Coy v. Iowa was charged with sexually assaulting two 13-year-old girls. At trial, the prosecution moved to allow the child witnesses to testify in accordance with Iowa statute. The Iowa statute allows children to testify from behind a screen; the defendant can see and hear the children but children cannot see or hear the defendant. The trial court rejected the defendant's contention that this procedure violated his right under the confrontation clause to a face-to-face confrontation. The jury returned a verdict against the defendant. On appeal, the Iowa Supreme Court affirmed the defendant's conviction, rejecting his constitutional claim on the ground that his ability to cross-examine the child witnesses had not been restricted. The U.S. Supreme Court reversed the Iowa ruling. Analysis of the reversal suggests that the same factors considered in determining the constitutionality of admitting certain hearsay statements should be considered in determining the constitutionality of child witness protection statutes. It is suggested that the Supreme Court sustain an exception to defendants' rights to physically confront witnesses against them when such an exception would promote child witness protection without substantially infringing on defendants' constitutional rights. 71 references.