NCJ Number
111797
Journal
Utah Law Review Volume: 1988 Issue: 3 Pages: 449-459
Date Published
1988
Length
11 pages
Annotation
The rights demanded by victims of child sexual abuse and their families are far from radical. Having already been traumatized by the criminal act, they ask not to be traumatized again by the criminal justice system.
Abstract
For the child, this means stopping the endless, repetitive interrogation. To this end, Utah and other jurisdictions have passed laws permitting the introduction of hearsay and videotaped testimony from child victim/witnesses. Contrary to assertions that this reform interferes with the rights of the accused, such exceptions to the rules of evidence do not reduce the standard of proof or make it more likely that an innocent person will be convicted. While there is greater flexibility regarding the admissibility of such evidence, not all videotaped testimony is admitted. Trial judges retain considerable discretion in admitting or excluding such testimony, ensuring that only relevant and trustworthy evidence reaches the jury. Similarly, defense attorneys assist jurors in evaluating the weight given to recorded testimony, and if prosecutors must ensure that such testimony is sufficiently probative and reliable. Finally, juries have proved consistently reliable in evaluating testimony, be it from adults or children, live or recorded. The Utah statute is appended. 19 footnotes.