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NCJ Number: 159847 Find in a Library
Title: Abused Children Should Confront Abusers in Court (From Child Abuse: Opposing Viewpoints, P 203-211, 1994, David Bender and Bruno Leone, eds. -- See NCJ-159823)
Author(s): R H King Jr
Date Published: 1994
Page Count: 9
Sponsoring Agency: Greenhaven Press
Farmington Hills, MI 48333-9187
Sale Source: Greenhaven Press
P.O. Box 9187
Farmington Hills, MI 48333-9187
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: Although the U.S. Supreme Court has decided that defendants do not always have the right to directly confront their accusers in court, the author argues that children who make accusations of abuse must face the accused in court.
Abstract: The Confrontation Clause of the sixth amendment guarantees the right of defendants to face their accusers. At the same time, the child has certain rights and child molestation is one of the most difficult crimes to detect and prosecute because the child victim is often the only witness. Studies suggest that a child victimized by abuse is traumatized further when required to testify during the prosecution of the alleged molester. Two U.S. Supreme Court cases are described, Coy v. Iowa and Maryland v. Craig, that concern the right of defendants to confront child witnesses. The author believes the Confrontation Clause must prevail so that constitutional rights of the defendant are not compromised. These rights include the right to confront witnesses, the presumption of innocence, and the due process right to a fair trial. 1 figure
Main Term(s): Juvenile witnesses
Index Term(s): Abused children; Child abuse; Child molesters; Children in the courtroom; Constitutional Rights/Civil Liberties; Courts; Crimes against children; Juvenile victims; Right to confront witnesses; Right to Due Process; Right to fair trial; Rights of minors; Rights of the accused; Testimony; US Supreme Court decisions
Note: Opposing Viewpoints Series
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