Confrontation Clause and Hearsay in Child Abuse Cases: United States v. Spotted War Bonnet, The
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Ramella, Raymond K.
INTRODUCTION|The Confrontation Clause of the sixth amendment of the United States Constitution gives the accused the right "to be confronted with the witnesses against him." Historically, the clause has been read as giving the accused an opportunity to cross-examine adverse witnesses. The evolution of the Confrontation Clause has occurred ad hoc, through precedent, new experiences, and modern societal concerns. Recently, courts throughout the United States have struggled with the defendant's right of confrontation in cases in which the witness to be confronted is a child. This issue has become decidedly more complex when the question is whether to admit hearsay testimony of child sexual abuse victims. The United States Court of Appeals for the Eighth Circuit has professed to follow a progressive rule in deciding such cases. Currently, the Eighth Circuit advocates a more relaxed standard with which to admit hearsay declarations of children than it ordinarily would require in other hearsay cases...
25 Creighton L. Rev. 1043 (1991-1992)
Creighton University School of Law