The Nevada Supreme Court said a defendant has a 6th Amendment right to confront an accuser even if the witness is a minor.
Prosecutors presented the child's statements through surrogates' testimony of a 3-year-old child to protect her from trauma and intimidation.
But the high court said the U.S. Supreme Court's Crawford decision in 2004 expanded the 6th Amendment to permit the defendant to confront any and all witnesses for the prosecution, regardless of their age.
Monday, October 26, 2009
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I'm fine with this as long as a prerecorded statement is made before the confrontation. If that statement is not taken a child (or anyone for that matter) could fall prey to memory reconcolidation. Memories are not written in stone because of this a clever and malicious attorney could use this ruling to thier advantage.
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