'Minute and Separate': Considering the Admissibility of Videotaped Forensic Interviews in Child Sexual Abuse Cases after Crawford and Davis

36 Pages Posted: 18 Mar 2011  

Kimberly Y. Chin

Allen, Glaessner, Hazelwood & Werth LLP

Date Written: 2010

Abstract

Child sexual abuse is one of the least prosecuted crimes in the United States in part because of the many evidentiary challenges prosecutors face. In 2004, the Supreme Court introduced a new standard for determining the admissibility of out-of-court statements made by declarants who are unavailable to testify at trial. In Crawford v. Washington, the Supreme Court held that testimonial statements are only admissible at trial if the declarant is unavailable to testify and there was a prior opportunity for cross-examination. This Note will examine Crawford’s impact on the admissibility of videotaped forensic interviews with child victims of sexual abuse and suggest that courts adopt a “minute and separate” approach when deciding whether statements contained in those interviews are testimonial in nature.

Keywords: Confrontation Clause, Sixth Amendment, Crawford, Davis, Melendez-Diaz, primary purpose test, testimonial, child abuse, sexual abuse, videotape, forensic interview, evidence, hearsay

Suggested Citation

Chin, Kimberly Y., 'Minute and Separate': Considering the Admissibility of Videotaped Forensic Interviews in Child Sexual Abuse Cases after Crawford and Davis (2010). Boston College Third World Law Journal, Vol. 30, No. 1, 2010. Available at SSRN: https://ssrn.com/abstract=1784622

Kimberly Y. Chin (Contact Author)

Allen, Glaessner, Hazelwood & Werth LLP ( email )

180 Montgomery Street
Suite 1200
San Francisco, CA 94104
United States

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