Child Witness Confrontation: White v. IL

Legal scholars discussed the case “White v. Illinois,” which is to be heard in the Supreme Court next term. “White v. Illinois” concerns the testimony of children in court cases. The defendant believed his right to face his accuser was violated when the accuser, a child, did not testify. Other adults testified as to what the child had told them. Professor Greenhalgh discussed the U.S. Supreme Court’s approach to the “confrontation clause” which mandates that defendants must be able to face their accusers in court. In previous cases, pretrial hearings determined the inability of children to testify, or closed-circuit television was allowed in providing testimony from children in situations where the child was unable to testify before the defendant. In the case at hand, the child was not in the courtroom during the actual court proceedings. Mr. Liederman discussed the situation facing children in court cases involving abuse or trauma. He explained the need for balance. close