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Links: Ninth Circuit Rules on Testimony via Closed-Circuit Television
Posted by Steven Wu on Tuesday, April 22 @ 02:38:50 EDT Governance
The Ninth Circuit case of United States v. Etimani, No. 01-10435/01-10440 (9th Cir. Apr. 21, 2003), decided earlier today, in part concerns the use of closed-circuit television for the testimony of child victims. From the introduction and conclusion of the relevant section, a summary of the court's holding:
18 U.S.C. § 3509 sets forth the procedure by which an alleged child victim can testify outside of the physical presence of the defendant via two-way closed circuit television. The statute requires, among other things, that the defendant's televised image be transmitted into the room where the child is testifying. We hold today that the television monitor must be called to the child's attention and be readily visible from where she is seated, but that it does not have to be in her direct field of vision while she is facing forward.
. . . .
In sum, we hold that 18 U.S.C. § 3509 is not unconstitutional. We also hold that § 3509 does not require that the television monitor in the witness room be located directly in the child’s field of vision while she testifies. Rather, it is sufficient (1) if the presence of the monitor has been called to the child’s attention, (2) if the child can see the monitor, if she wishes, with little effort from where she is seated while testifying, and (3) if the jury is able to observe whether or not the child looks at the monitor during her testimony. In this case, all of those conditions were met. There was no error.
(Link via How Appealing.)
 
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