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How far should the justice system go to protect children while trying to maintai

ID: 3453525 • Letter: H

Question

How far should the justice system go to protect children while trying to maintain the rights of defendants?

Should children be subjected to the potential trauma of testifying in order to protect the defendant’s constitutional right to confront his or her accuser?

Does having the child testify via one-way closed-circuit television deny the defendant’s right to confrontation?

Do the answers to these questions change when the defendant is someone that the child knows (e.g., a relative) as opposed to someone that the child does not know?

Explanation / Answer

Psychological assistance is hired with reference to veering a child towards emotional and mental stability when testifying in the ourt of law against a particular apparent perpetrator.

The court of law needs to strike a balance in terms of protecting the child's stability as well as respecting the rights of a defendant.

A one way closed circuit television is the most conducive channel, as the defendants right is still preserved for confrontation is only possible after the accusation has been made, this is done in order to maintain order.

The conditions do not change if there is a family member involved for it can still psychologically impact the child, and the testimony can be vitiated as the confrontation by a relative can make the child twist their story due to emotional blackmail.

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