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To Testify Or Not To Testify: A Comparative Analysis Of Australian And American Approaches To Parent-Child Testimonial Exemption, Hillary B. Farber

Faculty Publications

This article begins, in Part I, by explaining the history of the parent-child privilege in the United States. In Part II, the article turns to the Australian experience, looking at the origins of the parent-child testimonial exemption and where it is today. Part III explains how in Australia the restorative approach to juvenile offending and the parent-child testimonial exemption work in tandem to promote, preserve, and strengthen family stability. In Part IV, the article argues that the United States' increased use of the restorative justice practices among young offenders provides traction for recognizing a parent-child privilege because of the mutually …