ONCALL
...Children and the Law
......The Child Witness
5 Cards On This Topic:

Cases current up to 12/31/2023.

Defendant’s right of confrontation violated when he could not see child witnesses as they testified because the court allowed a computer monitor to be positioned so they could testify in his presence without seeing him.

Despite gaps in his memory, five-year-old was properly found competent to testify at D's murder trial.

Children were competent to testify under EC §701; hearing to demonstrate children's personal knowledge under EC §702 was not required.

Sixth Amendment right to face-to-face confrontation is not absolute, and alternative procedures may be used where (1) necessary to further an important or compelling state interest, and (2) the reliability of the testimony is otherwise assured.