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NCJ Number: 118965 Add to Shopping cart Find in a Library
Title: Convictions Through Hearsay in Child Sexual Abuse Cases: A Logical Progression Back to Square One
Journal: Marquette Law Review  Volume:72  Issue:1  Dated:(Fall 1988)  Pages:47-62
Author(s): F M Tuerkheimer
Date Published: 1988
Page Count: 16
Sponsoring Agency: National Institute of Justice/
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Sale Source: National Institute of Justice/
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NCJRS Photocopy Services
Box 6000
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United States of America
Type: Issue Overview
Language: English
Country: United States of America
Annotation: In child abuse cases, a clear conflict exists between the interests of a child in avoiding testifying at a trial and the defendant's interest in questioning the witness.
Abstract: Exceptions to the hearsay rule can admit evidence pointing unmistakably to the defendant's guilt. Exclusive reliance on such evidence places the defendant in a position with no meaningful witness to cross-examine. The defendant then is faced with the dilemma that the rule against hearsay is designed to avoid. It is suggested that if the distinction between admissibility and sufficiency is maintained, then the logic of numerous hearsay rule exceptions can be accepted, leaving the defendant's right to confront intact. A workable compromise can be made by requiring at least some non-hearsay proof of the defendant's guilt. 63 Notes.
Main Term(s): Child abuse; Hearsay evidence
Index Term(s): Burden of proof; Character testimony; Circumstantial evidence
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