Written by attorneys · grounded in primary & secondary sources — see below
historical
A fine levied by a master on a servant who became pregnant without the master's consent.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Cases
Dictionaries
How it applies
Common Examples
5
Trauma Finding Permits Video
Catherine Carter faced charges of assaulting a student. After a psychologist testified that in-person testimony would cause severe trauma, the court allowed the child to testify via one-way closed-circuit television while preserving oath, cross-examination, and demeanor observation. The procedure satisfied constitutional requirements.
Hearsay Statements Admitted
Charles Cunningham stood trial for abusing a child. The prosecution introduced the child's out-of-court statements to a doctor under a firmly rooted hearsay exception. The court held that the statements bore sufficient indicia of reliability without requiring the child's live testimony.
Curtis Cannon was prosecuted for misconduct involving a camper. The trial court permitted closed-circuit testimony based solely on a general expert opinion without an individualized finding of trauma. The appellate court reversed because the necessity showing was inadequate.
Idaho v. Wright497 U.S. 805 (1990)
Videotape Impeachment Allowed
Christopher Collins faced charges involving a young child. The prosecutor impeached the child's in-court testimony with prior videotaped statements. The court admitted the videotape as substantive evidence after the child adopted the statements.
Williams v. United States859 A.2d 130, 138 (D.C. 2004)
Screen Blocks Face-To-Face View
Cecilia Cabrera was tried for abusing a child. The court erected a screen so the child could not see the defendant during testimony. The procedure violated confrontation rights because it eliminated face-to-face confrontation without any finding of necessity.
Coy v. Iowa487 U.S. 1012, 1019 (1988)
Common questions
Frequently Asked
1
What does the historical term childwit refer to?+
It refers to a fine levied by a master on a servant who became pregnant without the master's consent.
497 U.S. 836 (1990)Evidence
…Confrontation Clause of the Sixth Amendment—which gives a defendant the right to confront witnesses against him—requires that a child witness in a child abuse case testify in the courtroom in the presence of the defendant. The court rejected the State’s argument that the Confrontation Clause embodies only a general interest in…