Deborah Mahusky


Legislatures are attempting to reduce the trauma to the child, and, at the same time, to increase convictions.

This legislation is often in the form of permitting videotaped pretrial statements and depositions to be admitted into evidence. Additionally, some legislatures are permitting testimony of the child at depositions or at trial to take place in a separate room from the defendant, the judge, the jury and the general public through the use of closed circuit television or monitors. However, this legislation may present an encroachment of sixth amendment guarantees.

Section I of this comment will discuss whether or not the need truly exists for such legislation. Section II will examine past interpretations of the confrontation clause that may provide some standards for this legislation. Lastly, section III will examine the constitutionality of the proposed legislation as passed in the Ohio House of Representatives and as amended in the Ohio Senate.