NCJ Number
49193
Journal
Oregon Law Review Volume: 57 Issue: 3 Dated: (1978) Pages: 430-443
Date Published
1978
Length
14 pages
Annotation
THE CONFLICT BETWEEN THE CONSTITUTIONAL RIGHT TO THOROUGH CROSS-EXAMINATION OF WITNESSES AND AN OREGON STATUTE PROTECTING THE CONFIDENTIALITY OF JUVENILE RECORDS IS DISCUSSED.
Abstract
THE RIGHT TO EFFECTIVE CROSS-EXAMINATION IN A CRIMINAL TRIAL IS CONSTITUTIONALLY PROTECTED UNDER THE 6TH AND 14TH AMENDMENTS OF THE CONSTITUTION. ON THE OTHER HAND, THE INTEREST OF THE STATE IN PROTECTING THE CONFIDENTIALITY OF JUVENILE RECORDS, WHILE SANCTIONED BY THE SUPREME COURT, IS NOT CONSTITUTIONALLY MANDATED IS CONSIDERED A STATE POLICY FURTHERING THE GOALS OF THE JUVENILE JUSTICE SYSTEM. HOWEVER DEFENDANTS SEEKING TO IMPEACH THE CREDIBILITY OF A JUVENILE WITNESS WITH PRIOR JUVENILE ADJUDICATIONS OF DELINQUENCY BRINGS THE TWO POLICIES INTO DIRECT CONFLICT. IN DAVIS VERSUS ALASKA, THE SUPREME COURT HELD THAT A DEFENDANT'S RIGHT TO CONFRONT THE JUVENILE WITNESS PREVAILS IN THE CASE OF IMPEACHMENT FOR BIAS AND SHOULD BE INTERPRETED TO FIND THE SIXTH AMENDMENT PARAMOUNT IN ANY CASE WHERE THE DEFENDANT IS SEEKING TO ATTACK BY ANY METHOD THE CREDIBILITY OF A JUVENILE WITNESS. THE SUBSEQUENT DECISION OF THE OREGON COURT OF APPEALS IN OREGON VERSUS BURR HELD THAT THE STATE'S POLICY PREVENTING DISCLOSURE OF JUVENILE RECORDS OVERRIDES THE RIGHT TO CONFRONT A WITNESS EXCEPT IN CASES INVOLVING BIAS. IT IS BELIEVED THIS DECISION IS NOT WARRANTED BY THE LANGUAGE OF THE DAVIS CASE AND IS CONTRARY TO A LINE OF OREGON CASES LIMITING THE APPLICATION OF SUCH PRIVILEGES. CASE REFERENCES ARE FOOTNOTED. (AUTHOR ABSTRACT MODIFIED -- RCB)