NCJ Number
152794
Date Published
1994
Length
37 pages
Annotation
This document summarizes State and territorial legislation that authorizes the use of closed circuit television testimony in criminal child abuse court proceedings.
Abstract
In 1990, the U.S. Supreme Court ruled in Maryland v. Craig that the use of closed circuit television is constitutional, despite the Federal confrontation clause guaranteeing the defendant the right to meet witnesses face-to-face. The Court held that this right is not absolute and must give way in the face of public policy considerations and the necessities of the case. In this case, the public policy consideration at stake was the State's interest in the physical and psychological well-being of abused children who must testify in court. Other elements of confrontation, such as the oath, cross-examination, and observation of the witnesses' demeanor, sufficiently ensure that closed circuit television testimony is reliable and subject to rigorous adversarial testing. However, the Court specified a three-part test regarding the requisite finding of necessity for using closed circuit television.