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Change allows closed-circuit testimony for child victims

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On July 1, Indiana will begin allowing the use of closed-circuit testimony in certain court cases. Introduced as House Bill 1215 and signed into law by Gov. Mitch Daniels, the amendment to Indiana Criminal Code 35-37-4-6 may help minimize emotional distress for child victims.

The legislation modifies code to say that for the purposes of verifying the time, content, and circumstances of a child victim’s videotaped testimony in a criminal case, the child may attend a hearing via closed-circuit television. Previously, the code stated the child must be present at the hearing.

Advocates say it’s a step in the right direction in minimizing harm to child victims.

deLaney-ann-mug.jpg DeLaney

Ann DeLaney, executive director of the Julian Center, said, “We have a responsibility to make things as easy as possible, within the confines of the law. Obviously, the defendant has the right to confront the accuser, but taking away barriers that intimidate victims just make sense.

“I used to prosecute child abuse cases – it’s intimidating for a child to come into a courtroom with all those grownups anyway, let alone face their abuser,” she said.

Many other states have been using closed-circuit testimony in cases that involve crimes against children. In Virginia, such a law has existed since 1988.

Virginia Criminal Code 18.2-67.9 is similar to Indiana’s new law, but it offers children additional protections that Indiana does not include.

Lt. Dave Beckner of the Virginia State Police said that the criminal code was modified about 10 years ago to extend the use of closed-circuit testimony to children who are witnesses to murder. He said that each year, the state police’s technical division receives between 70 and 85 requests from courts to install closed-circuit equipment. Between 1994 and 2003, he said, the majority of requests came from courts where a child was testifying as the victim of aggravated sexual battery. In that same period, only four courts requested closed-circuit television for a child’s testimony in a murder case, he said.

Laura Berry, executive director of the Indiana Coalition Against Domestic Violence, said that while prosecutors tend to avoid putting children on the witness stand whenever possible, their testimony may be needed in cases of domestic violence.

“Children will get called upon if they witnessed an incident of violence, if the offender won’t plead guilty, or if the child is the one who called 911,” she said. “Testifying as a child is so traumatic, and you have to face someone who is either your dad or your mom and talk about what they’ve done – that’s really hard.”

ICADV reports that between July 1, 2008, and June 30, 2009, emergency shelters in Indiana served 4,461 adults and 3,895 children. Berry said that all of the children come to the shelter with a parent and may be either a primary victim or a secondary victim.

“There is a significant overlap between child abuse and domestic violence,” she said.

abuseKerry Hyatt Blomquist, ICADV’s legal director, said domestic violence is the most underreported crime in the nation. She wondered why HB 1215 did not include adult victims of domestic violence as “protected persons,” and why no one asked for ICADV’s input on the bill.

“It would’ve been nice to have been brought to the table,” she said. “I think it’s important to know that there’s a constituency out there that is largely not being considered.”

Blomquist said she understands that constitutional challenges may make it more difficult to extend the same protections to adults as children – a defendant is entitled to confront an alleged victim. In many states that allow children to testify via closed-circuit television, challenges to the law have been heard in court.

In the case of Maryland V. Craig, 497 U.S. 836 (1990), the U.S. Supreme Court held that the Confrontation Clause of the Sixth Amendment does not guarantee criminal defendants an absolute right to a face-to-face meeting with witnesses against them at trial. The case involved a daycare operator accused of sexual abuse of a child, whose testimony was provided via one-way closed-circuit television, shielding the victim from the defendant. The defense was able to make objections as if the witness were in the courtroom.

In its decision, the Supreme Court held that the Confrontation Clause’s central purpose is to ensure the reliability of evidence against a defendant by subjecting it to rigorous testimony. The court held that if the victim is able to be cross-examined, thereby testing the reliability of testimony, and if shielding the victim upholds an important public policy, then the defendant’s right to confrontation is satisfied. The court also held that Maryland’s asserted interest in protecting child abuse victims was sufficiently compelling to warrant a shielding procedure.

In the divided opinion, four justices dissented.•

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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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