The Sixth Amendment to the United States Constitution guarantees all defendants facing criminal prosecution the right to confront their accusers. Confrontation affords a defendant the opportunity to cross-examine the witness and potentially reveal any bias or other weakness in the witness’ testimony. Typically, courts require that this confrontation be face-to-face, meaning that the witness must testify at the defendant’s trial. Through live testimony, a jury is best able to assess a witness’ demeanor and credibility, assisting the jury in determining whether the witness’ testimony is credible.
Face-to-face confrontation requires a witness to face the subject of their allegations. Naturally, this will make some witnesses nervous. Indeed, a witness’ nervousness is a key factor in assessing their credibility. However, California lawmakers have developed several exceptions to the general rule requiring face-to-face confrontation when the allegations involve specific California crimes allegedly committed against children.
Under California Penal Code section 1347, a court can permit the minor to testify via two-way closed-circuit television in certain limited situations when the defendant is charged with a “violent felony offense.” The statute provides some examples of what constitutes a violent felony offense, including:
- oral copulation,
- lewd or lascivious acts,
- certain child abuse offenses,
- kidnapping, and