Abstract

http://ssrn.com/abstract=1162202
 


 



Children are Losing Maryland's "Tender Years" War.


Lynn McLain


University of Baltimore - School of Law

Fall 1997

University of Baltimore Law Review, Vol. 27, 1997

Abstract:     
What seems like Maryland's version of the Hundred Years War continues to be fought in the Maryland General Assembly regarding the "tender years exception," a limited hearsay exception for statements made by children under twelve years old regarding physical or sexual abuse against them. Maryland's statute is much more restrictive than those of other states. Yet, year after year, attempts to liberalize it have been defeated in the Maryland House of Delegates Judiciary Committee, leaving Maryland's children significantly less protected from physical and sexual abuse than children living in other states. This Article first discusses the rationale for the tender years hearsay exception and the constitutional limits on admitting tender years hearsay. Next, it sets forth the history of Maryland's tender years statute. This Article then addresses each of the arguments that have been made over the years by opponents of liberalizing the statute and compares Maryland's tender years statute to those of other states. Finally, this Article recommends specific amendments to Maryland's tender years statute and proposes its incorporation into the Maryland Rules of Evidence.

Number of Pages in PDF File: 65

Keywords: children, sexual abuse, physical abuse, Maryland, legislation, hearsay, evidence, tender years statute

JEL Classification: K10

Accepted Paper Series


Download This Paper

Date posted: July 17, 2008  

Suggested Citation

McLain, Lynn, Children are Losing Maryland's "Tender Years" War. (Fall 1997). University of Baltimore Law Review, Vol. 27, 1997. Available at SSRN: http://ssrn.com/abstract=1162202

Contact Information

Lynn McLain (Contact Author)
University of Baltimore - School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
Feedback to SSRN


Paper statistics
Abstract Views: 586
Downloads: 26

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.313 seconds