Maryland v. Craig case brief summary
497 U.S. 836 (1990)
CASE FACTS
Respondent was charged with child abuse, first and second degree sexual offenses, perverted sexual practice, assault, and battery. The named victim was a six-year-old girl who attended a kindergarten center operated by respondent. Before trial, the state sought to invoke a state statutory procedure that permitted testimony of the alleged victim to be received by one-way closed circuit television. Respondent objected to the procedure on the basis of his right to confrontation under U.S. Constitutional Amendment VI. The trial court rejected respondent's contention, and respondent was convicted on all counts. The state court of appeals reversed and remanded for a new trial.
DISCUSSION
CONCLUSION
The court granted certiorari and vacated and remanded the court of appeals' order that reversed the trial court's rejection of respondent's allegation that allowing an alleged child sexual abuse victim to testify by closed circuit television would violate his Sixth Amendmentright to confrontation because the trial court only had to show that the procedure was required to protect the child from the trauma of testifying in respondent's presence.
Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure
497 U.S. 836 (1990)
CASE SYNOPSIS
The state of Maryland appealed from the
order of the Court of Appeals of Maryland that reversed the trial
court's rejection of respondent's contention that his right to
confrontation under U.S. Constitutional Amendment VI would
be violated by permitting testimony of his alleged child sexual abuse
victim by means of one-way closed circuit television.CASE FACTS
Respondent was charged with child abuse, first and second degree sexual offenses, perverted sexual practice, assault, and battery. The named victim was a six-year-old girl who attended a kindergarten center operated by respondent. Before trial, the state sought to invoke a state statutory procedure that permitted testimony of the alleged victim to be received by one-way closed circuit television. Respondent objected to the procedure on the basis of his right to confrontation under U.S. Constitutional Amendment VI. The trial court rejected respondent's contention, and respondent was convicted on all counts. The state court of appeals reversed and remanded for a new trial.
DISCUSSION
- The court granted certiorari and vacated and remanded, holding that the court of appeals improperly required the trial court observe the child's behavior in respondent's presence and make a specific finding that the child would suffer severe emotional distress if he or she were to testify by two-way closed circuit television.
- The court held that the state only needed to show that testimony by one-way closed circuit television was required to protect the child from the trauma caused by testifying in respondent's presence.
CONCLUSION
The court granted certiorari and vacated and remanded the court of appeals' order that reversed the trial court's rejection of respondent's allegation that allowing an alleged child sexual abuse victim to testify by closed circuit television would violate his Sixth Amendmentright to confrontation because the trial court only had to show that the procedure was required to protect the child from the trauma of testifying in respondent's presence.
Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure
No comments:
Post a Comment