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NCJRS Abstract

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NCJ Number:	118965

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/ Rockville, MD 20849 NCJRS Photocopy Services Rockville, MD 20849-6000

Sale Source:	National Institute of Justice/ NCJRS paper reproduction Box 6000, Dept F Rockville, MD 20849 United States of America NCJRS Photocopy Services Box 6000 Rockville, MD 20849-6000 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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