CALiO Search

Criminal law: Child witnesses and the confrontation clause

Show simple item record Lyon, T. D., & Dente, J. A. 2014-11-21T18:51:28Z 2014-11-21T18:51:28Z 2012
dc.identifier.citation Lyon, T. D., & Dente, J. A. (2012). Criminal law: Child witnesses and the confrontation clause. Journal of Criminal Law & Criminology, 102(4), 1181-1323. en_US
dc.description.abstract After the Supreme Court’s ruling in Crawford v. Washington that a criminal defendant’s right to confront the witnesses against him is violated by the admission of testimonial hearsay that has not been cross-examined, lower courts have overturned convictions in which hearsay from children was admitted after child witnesses were either unwilling or unable to testify. A review of social scientific evidence regarding the dynamics of child sexual abuse suggests a means for facilitating the fair receipt of children’s evidence. Courts should hold that defendants have forfeited their confrontation rights if they exploited a child’s vulnerabilities such that they could reasonably anticipate that the child would be unavailable to testify. Exploitation includes choosing victims on the basis of their filial dependency, their vulnerability, or their immaturity, as well as taking actions that create or accentuate those vulnerabilities. en_US
dc.language.iso en_US en_US
dc.publisher Journal of Criminal Law & Criminology en_US
dc.subject confrontation clause en_US
dc.subject child witness en_US
dc.subject court en_US
dc.subject child abuse en_US
dc.title Criminal law: Child witnesses and the confrontation clause en_US
dc.type Article en_US

Files in this item

Files Size Format View

There are no files associated with this item.

This item appears in the following Collection(s)

Show simple item record



My Account