Monday, March 2, 2015

Child Abuse: Is the child victim's statement to a mandatory reporter "testimonial" for purposes of Crawford?

While the U.S. Supreme Court's consideration this Wednesday of the Affordable Care Act in King v. Burwell, will attract much attention, another case scheduled for Monday -- Ohio v. Clark -- bears watching. Clark involves the question whether a young child abuse victim's statements to his teacher is "testimonial" under Crawford, where the teacher is a mandatory reporter under state law. It's a troubling case, because the three-and-a-half year-old child was deemed incompetent to testify at trial and the most significant evidence identifying the abuser is the child's answer to the teacher's questions. The state appellate courts in Ohio deemed the statement inadmissible under the Crawford line of cases, and SCOTUS granted cert. to examine that decision.

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