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A Question Of Necessity: The Conflict Between A Defendant's Right Of Confrontation And A State's Use Of Closed Circuit Television In Child Sexual Abuse Cases Sep 1989

A Question Of Necessity: The Conflict Between A Defendant's Right Of Confrontation And A State's Use Of Closed Circuit Television In Child Sexual Abuse Cases

Washington and Lee Law Review

No abstract provided.


Criminal Procedure - Presumed Guilty: The Use Of Videotaped And Closed-Circuit Televised Testimony In Child Sex Abuse Prosecutions And The Defendant's Right To Confrontation - Coy V. Iowa, Charles E. Wilson Jr. Jan 1989

Criminal Procedure - Presumed Guilty: The Use Of Videotaped And Closed-Circuit Televised Testimony In Child Sex Abuse Prosecutions And The Defendant's Right To Confrontation - Coy V. Iowa, Charles E. Wilson Jr.

Campbell Law Review

This Note proposes that those statutes which permit admission of videotaped testimony and most uses of closed-circuit televised testimony violate a criminal defendant's sixth amendment right to "confront his accusers." In Coy v. Iowa, the United States Supreme Court recently held that one state's practice of shielding the defendant from the view of the child witness during the child's testimony violated the defendant's right to confrontation. Following the Court's analysis, this Note discusses the various problems arising from the use of videotaped or closed-circuit televised testimony. Concluding that the admission of such testimony is not a constitutionally permissible substitute …