Maryland Vs Craig Case Study

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The Maryland v. Craig was a case that involves a six-year-old child who was sexual abuse by a daycare provider Sandara Ann Craig. During the course of the case, the State implemented a state statutory procedure that allows the victim to testify by using a one-way closed circuit television. In doing so, it would the child would suffer from serious emotional distress while in the presence of the defendant. Therefore, in order for the testimony to becoming effective, the victim, prosecutor, and the defense counsel would be in the separate room while the defendant remains in the courtroom. In the meantime, the defendant stays in the same room with a counsel and use the electronic communication to suggest any objection or continue the court process …show more content…
However, according to the Confrontation Clause, a criminal defendant is not guaranteed an absolute right to have a face to face meeting with the witnesses on a trail. Therefore, the clauses main purpose was to gain the evidence against the defendant by proving in an adversary proceeding before the trier of facts. There is a component that serves during a confrontation such as physical presence, oath, cross-examination, and demeanor of the observation. Still, the face to face confrontation is the core value of the Clause, is not indispensable, as a result, it would become hearsay. Craig suggested that the accuser rights are violated due to not having the right to observe, cross-examine, and allowing the jury the opportunity to see the demeanor of the witness. Later the court made a decision to allow the victim along with other children to testify by using the one-way closed circuit television. Furthermore, the interest of protecting a child from being traumatized during testifying is vital(Goodman, 1995). It is the State concern in the physical and psychological well-being of the abuse