maryland
craig
argued
april
decided
june
respondent
craig
tried
maryland
several
charges
related
alleged
sexual
abuse
child
trial
began
state
sought
invoke
state
statutory
procedure
permitting
judge
receive
closed
circuit
television
testimony
alleged
child
abuse
victim
upon
determining
child
courtroom
testimony
result
child
suffering
serious
emotional
distress
reasonably
communicate
procedure
invoked
child
prosecutor
defense
counsel
withdraw
another
room
child
examined
judge
jury
defendant
remain
courtroom
testimony
displayed
although
child
see
defendant
defendant
remains
electronic
communication
counsel
objections
may
made
ruled
witness
courtroom
rejected
craig
objection
procedure
use
violates
confrontation
clause
sixth
amendment
ruling
craig
retained
essence
right
confrontation
based
expert
testimony
also
found
alleged
victim
allegedly
abused
children
witnesses
suffer
serious
emotional
distress
required
testify
courtroom
unable
communicate
finding
children
competent
testify
permitted
testimony
procedure
craig
convicted
state
special
appeals
affirmed
state
appeals
reversed
although
rejected
craig
argument
clause
requires
cases
courtroom
encounter
accused
accusers
found
state
showing
insufficient
reach
high
threshold
required
coy
iowa
procedure
invoked
held
procedure
usually
invoked
unless
child
initially
questioned
defendant
presence
using
television
procedure
trial
must
determine
whether
child
suffer
severe
emotional
distress
testify
television
held
confrontation
clause
guarantee
criminal
defendants
absolute
right
meeting
witnesses
trial
clause
central
purpose
ensure
reliability
evidence
defendant
subjecting
rigorous
testing
adversary
proceeding
trier
fact
served
combined
effects
elements
confrontation
physical
presence
oath
observation
demeanor
trier
fact
although
confrontation
forms
core
clause
values
indispensable
element
confrontation
right
clause
abrogate
virtually
every
hearsay
exception
result
long
rejected
unintended
extreme
ohio
roberts
accordingly
clause
must
interpreted
manner
sensitive
purpose
necessities
trial
adversary
process
see
kirby
nonetheless
right
confront
accusatory
witnesses
may
satisfied
absent
physical
confrontation
trial
denial
confrontation
necessary
important
public
policy
testimony
reliability
otherwise
assured
coy
supra
pp
maryland
interest
protecting
child
witnesses
trauma
testifying
child
abuse
case
sufficiently
important
justify
use
special
procedure
provided
state
makes
adequate
showing
necessity
individual
case
pp
maryland
procedure
prevents
child
seeing
defendant
preserves
elements
confrontation
thus
adequately
ensures
testimony
reliable
subject
rigorous
adversarial
testing
manner
functionally
equivalent
accorded
live
testimony
assurances
far
greater
required
admission
hearsay
statements
thus
use
closed
circuit
television
procedure
necessary
important
state
interest
impinge
upon
confrontation
clause
symbolic
purposes
pp
state
interest
physical
psychological
wellbeing
child
abuse
victims
may
sufficiently
important
outweigh
least
cases
defendant
right
face
accusers
fact
enacted
similar
statutes
attests
widespread
belief
public
policy
importance
previously
recognized
compelling
interest
protecting
minor
victims
sex
crimes
trauma
embarrassment
see
globe
newspaper
superior
maryland
legislature
considered
judgment
regarding
importance
interest
given
state
traditional
transcendent
interest
protecting
welfare
children
growing
body
academic
literature
documenting
psychological
trauma
suffered
child
abuse
victims
must
testify
pp
requisite
necessity
finding
must
trial
must
hear
evidence
determine
whether
procedure
use
necessary
protect
particular
child
witness
welfare
find
child
traumatized
courtroom
generally
defendant
presence
find
emotional
distress
suffered
child
defendant
presence
de
minimis
without
determining
minimum
showing
emotional
trauma
required
use
special
procedure
maryland
statute
requires
determination
child
suffer
serious
emotional
distress
child
reasonably
communicate
clearly
suffices
meet
constitutional
standards
pp
since
dispute
children
testified
oath
subject
full
able
observed
judge
jury
defendant
testified
admitting
testimony
consonant
confrontation
clause
provided
proper
necessity
finding
made
md
vacated
remanded
delivered
opinion
rehnquist
white
blackmun
kennedy
joined
scalia
filed
dissenting
opinion
brennan
marshall
stevens
joined
post
joseph
curran
attorney
general
maryland
argued
cause
petitioner
briefs
gary
bair
ann
bosse
assistant
attorneys
general
william
hymes
william
murphy
argued
cause
respondent
briefs
maria
cristina
gutierrez
gary
bernstein
byron
warnken
clarke
ahlers
briefs
amici
curiae
urging
reversal
filed
state
florida
et
al
robert
butterworth
attorney
general
florida
richard
doran
bradley
bischoff
assistant
attorneys
general
siegelman
attorney
general
alabama
doug
baily
attorney
general
alaska
robert
corbin
attorney
general
arizona
john
steven
clark
attorney
general
arkansas
duane
woodard
attorney
general
colorado
john
kelly
chief
state
attorney
connecticut
charles
oberly
iii
attorney
general
delaware
warren
price
iii
attorney
general
hawaii
jim
jones
attorney
general
idaho
neil
hartigan
attorney
general
illinois
linley
pearson
attorney
general
indiana
thomas
miller
attorney
general
iowa
robert
stephan
attorney
general
kansas
frederic
cowan
attorney
general
kentucky
william
guste
attorney
general
louisiana
james
tierney
attorney
general
maine
james
shannon
attorney
general
massachusetts
frank
kelley
attorney
general
michigan
hubert
humphrey
iii
attorney
general
minnesota
mike
moore
attorney
general
missouri
marc
racicot
attorney
general
montana
robert
spire
attorney
general
nebraska
brian
mckay
attorney
general
nevada
robert
del
tufo
attorney
general
new
jersey
hal
stratton
attorney
general
new
mexico
robert
abrams
attorney
general
new
york
lacy
thornburg
attorney
general
north
carolina
anthony
celebrezze
attorney
general
ohio
robert
henry
attorney
general
oklahoma
ernest
preate
attorney
general
pennsylvania
hector
rivera
cruz
attorney
general
puerto
rico
travis
medlock
attorney
general
south
carolina
roger
tellinghuisen
attorney
general
south
dakota
charles
burson
attorney
general
tennessee
jim
mattox
attorney
general
texas
paul
van
dam
attorney
general
utah
godfrey
de
castro
attorney
general
virgin
islands
mary
sue
terry
attorney
general
virginia
kenneth
eikenberry
attorney
general
washington
joseph
mayer
attorney
general
wyoming
district
attorney
kings
county
new
york
et
al
charles
hynes
peter
weinstein
jay
cohen
robert
johnson
anthony
girese
howard
relin
criminal
justice
legal
foundation
kent
scheidegger
charles
hobson
national
association
counsel
children
et
al
jacqueline
parker
philip
mccarthy
thomas
finn
people
child
abuse
judith
schretter
wallace
christensen
paul
dorf
stephanie
roper
foundation
gary
born
briefs
amici
curiae
urging
affirmance
filed
illinois
public
defender
association
et
al
david
bergschneider
national
association
criminal
defense
lawyers
maria
cristina
gutierrez
annabelle
whiting
hall
victims
child
abuse
laws
national
network
vocal
alan
silber
briefs
amici
curiae
filed
american
psychological
association
david
ogden
appellate
committee
california
district
attorney
association
jonathan
conklin
institute
psychological
therapies
louis
kiefer
richard
gardner
alan
silber
justice
delivered
opinion
case
requires
us
decide
whether
confrontation
clause
sixth
amendment
categorically
prohibits
child
witness
child
abuse
case
testifying
defendant
trial
outside
defendant
physical
presence
closed
circuit
television
october
howard
county
grand
jury
charged
respondent
sandra
ann
craig
child
abuse
first
second
degree
sexual
offenses
perverted
sexual
practice
assault
battery
named
victim
count
brooke
etze
child
august
june
attended
kindergarten
prekindergarten
center
owned
operated
craig
march
case
went
trial
state
sought
invoke
maryland
statutory
procedure
permits
judge
receive
closed
circuit
television
testimony
child
witness
alleged
victim
child
abuse
invoke
procedure
trial
judge
must
first
determin
testimony
child
victim
courtroom
result
child
suffering
serious
emotional
distress
child
reasonably
communicate
jud
ann
ii
procedure
invoked
child
witness
prosecutor
defense
counsel
withdraw
separate
room
judge
jury
defendant
remain
courtroom
child
witness
examined
separate
room
video
monitor
records
displays
witness
testimony
courtroom
time
witness
see
defendant
defendant
remains
electronic
communication
defense
counsel
objections
may
made
ruled
witness
testifying
courtroom
support
motion
invoking
closed
circuit
television
procedure
state
presented
expert
testimony
brooke
well
number
children
alleged
sexually
abused
craig
suffer
serious
emotional
distress
reasonably
communicate
ii
required
testify
courtroom
app
maryland
appeals
characterized
evidence
follows
expert
testimony
case
suggested
child
considerable
difficulty
testifying
craig
presence
example
one
child
expert
said
cause
anxiety
testify
front
craig
child
able
communicate
effectively
another
expert
said
probably
stop
talking
withdraw
curl
respect
two
others
testimony
one
become
highly
agitated
may
refuse
talk
talk
choose
subject
regardless
questions
become
extremely
timid
unwilling
talk
md
appeals
maryland
reversed
remanded
new
trial
md
appeals
rejected
craig
argument
confrontation
clause
requires
cases
courtroom
encounter
accused
accusers
concluded
nder
ii
operative
serious
emotional
distress
renders
child
victim
unable
reasonably
communicate
must
determined
arise
least
primarily
confrontation
defendant
thus
construe
phrase
courtroom
meaning
sixth
amendment
state
constitution
confrontation
purposes
courtroom
presence
defendant
unless
prevention
confrontation
necessary
obtain
trial
testimony
child
defendant
denied
right
granted
certiorari
resolve
important
confrontation
clause
issues
raised
case
ii
confrontation
clause
sixth
amendment
made
applicable
fourteenth
amendment
provides
criminal
prosecutions
accused
shall
enjoy
right
confronted
witnesses
observed
coy
iowa
confrontation
clause
guarantees
defendant
meeting
witnesses
appearing
trier
fact
citing
kentucky
stincer
marshall
dissenting
see
also
pennsylvania
ritchie
plurality
opinion
california
green
snyder
massachusetts
dowdell
kirby
mattox
interpretation
derives
literal
text
clause
also
understanding
historical
roots
see
coy
supra
mattox
supra
confrontation
clause
intended
prevent
conviction
affidavit
green
supra
cf
story
commentaries
never
held
however
confrontation
clause
guarantees
criminal
defendants
absolute
right
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witnesses
trial
indeed
coy
iowa
expressly
le
ft
another
day
question
whether
exceptions
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right
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green
supra
harlan
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two
child
witnesses
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seeing
defendant
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defendant
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right
surely
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public
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imposed
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also
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ince
ha
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witnesses
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us
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made
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findings
child
witnesses
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us
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prevent
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parte
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civil
cases
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lieu
personal
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witness
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face
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mattox
supra
combined
effect
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oath
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ensuring
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stincer
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trial
dutton
evans
plurality
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mission
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clause
advance
practical
concern
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process
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trials
assuring
trier
fact
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basis
evaluating
truth
testimony
lee
illinois
confrontation
guarantee
serves
symbolic
goals
promotes
reliability
see
also
faretta
california
sixth
amendment
constitutionalizes
right
adversary
criminal
trial
make
defense
know
strickland
washington
recognized
example
confrontation
enhances
accuracy
factfinding
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risk
witness
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implicate
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see
coy
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tell
lie
person
face
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back
presence
may
unfortunately
upset
truthful
rape
victim
abused
child
token
may
confound
undo
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reveal
child
coached
malevolent
adult
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roberts
see
also
blackstone
commentaries
also
noted
strong
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requiring
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coy
something
deep
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accused
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green
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calling
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giving
scant
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testimony
roberts
supra
oath
demeanor
provide
sixth
amendment
demands
substantial
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purposes
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confrontation
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green
supra
see
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right
violated
exclusion
defendant
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hearing
child
witnesses
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full
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trial
davis
alaska
douglas
alabama
pointer
supra
wigmore
evidence
chadbourne
rev
reason
never
insisted
actual
encounter
trial
every
instance
testimony
admitted
defendant
instead
repeatedly
held
clause
permits
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despite
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mattox
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analogous
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trial
defendant
witness
fully
died
first
trial
admissible
evidence
defendant
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trial
see
explained
doubtless
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saying
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witness
testimony
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defendant
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advantage
personal
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jury
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protection
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rules
law
kind
however
beneficent
operation
valuable
accused
must
occasionally
give
way
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policy
necessities
case
say
criminal
convicted
testimony
certain
witness
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scot
free
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closed
mouth
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protection
unwarrantable
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law
wisdom
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rights
public
shall
wholly
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supra
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scarcely
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chambers
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cases
bow
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interests
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trial
process
thus
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reaffirm
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witnesses
appearing
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say
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amendment
guarantee
right
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indeed
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commentator
noted
universally
assumed
circumstances
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right
confrontation
hearsay
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sir
walter
raleigh
loses
another
one
interpretation
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consistent
cases
holding
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amendment
rights
must
also
interpreted
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necessities
trial
adversary
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see
illinois
allen
right
present
trial
violated
trial
judge
removed
defendant
disruptive
behavior
ritchie
plurality
opinion
right
violated
state
denied
defendant
access
investigative
files
taylor
illinois
right
compulsory
process
violated
trial
judge
precluded
testimony
surprise
defense
witness
perry
leeke
right
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prevented
testifying
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break
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indeed
think
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mean
may
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dispensed
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coy
precedents
confirm
defendant
right
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accusatory
witnesses
may
satisfied
absent
physical
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trial
denial
confrontation
necessary
important
public
policy
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otherwise
assured
see
citing
roberts
supra
chambers
supra
coy
supra
concurring
iii
maryland
statutory
procedure
invoked
prevents
child
witness
seeing
defendant
testifies
defendant
trial
find
significant
however
maryland
procedure
preserves
elements
confrontation
right
child
witness
must
competent
testify
must
testify
oath
defendant
retains
full
opportunity
contemporaneous
judge
jury
defendant
able
view
albeit
video
monitor
demeanor
body
witness
testifies
although
mindful
many
subtle
effects
confrontation
may
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proceeding
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confrontation
oath
observation
witness
demeanor
adequately
ensures
testimony
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subject
rigorous
adversarial
testing
manner
functionally
equivalent
accorded
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took
place
jordan
reason
believe
widespread
charged
report
minnesota
attorney
general
office
based
inquiries
conducted
minnesota
bureau
criminal
apprehension
federal
bureau
investigation
concluded
absence
credible
testimony
lack
significant
corroboration
support
reinstitution
charges
credible
evidence
murders
humphrey
report
scott
county
investigation
report
describes
investigation
full
techniques
employed
prosecution
team
police
child
protection
workers
foster
parents
distorted
cases
even
coerced
children
recollection
children
interrogated
repeatedly
cases
many
times
answers
suggested
telling
children
witnesses
said
children
even
first
complain
abuse
separated
parents
months
report
describes
consequences
follows
children
continued
interviewed
list
accused
citizens
grew
number
cases
weeks
months
questioning
children
admit
parents
abused
instances
period
time
allegations
sexual
abuse
turned
stories
mutilations
eventually
homicide
last
analysis
however
debate
appropriate
one
need
defend
value
confrontation
authority
question
within
charge
speculate
confrontation
causes
significant
emotional
distress
child
witness
confrontation
might
fact
disserve
confrontation
clause
goal
ante
defect
constitution
amended
procedures
provided
eventuality
corrected
judicial
pronouncement
archaic
contrary
widespread
belief
thus
null
void
good
bad
sixth
amendment
requires
confrontation
liberty
ignore
quote
document
one
last
time
plainly
says
need
said
criminal
prosecutions
accused
shall
enjoy
right
confronted
witnesses
emphasis
added
presume
says
trauma
impair
child
ability
communicate
ante
means
trauma
make
impossible
child
communicate
requirement
maryland
law
issue
serious
emotional
distress
child
reasonably
communicate
ann
ii
implication
beyond
event
dictum
different
situation
presented
defendant
sought
call
child
event
state
refusal
compel
child
appear
insistence
upon
procedure
set
forth
maryland
statute
condition
compelling
call
question
initially
least
perhaps
exclusively
scope
defendant
sixth
amendment
right
compulsory
process
obtaining
witnesses
favor