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Video Interview Admissibility Statute Constitutional

As a video interview typically occurs out of court, the assertions of fact within a video interview are often hearsay. Testimony in criminal cases is generally given by live witnesses in court proceedings. However, there are exceptions, under the rules of evidence and by statute, under which a video interview may be played for a jury in a criminal case. In 2009, the Tennessee State Legislature enacted a statute allowing for the admissibility of forensic interviews of children under age thirteen in criminal trials where the defendant is charged with sexual abuse of the child. The recent Tennessee Court of Criminal Appeals opinion in State v. McKaughan, W2013-00676-CCA-R3-CD (Tenn.Crim.App. 6-2-2014) has affirmed the constitutionality of this statute.

Video Interview Admissibility Statute Constitutional

As a video interview typically occurs out of court, the assertions of fact within a video interview are often hearsay. Testimony in criminal cases is generally given by live witnesses in court proceedings. However, there are exceptions, under the rules of evidence and by statute, under which a video interview may be played for a jury in a criminal case. In 2009, the Tennessee State Legislature enacted a statute allowing for the admissibility of forensic interviews of children under age thirteen in criminal trials where the defendant is charged with sexual abuse of the child. The recent Tennessee Court of Criminal Appeals opinion in State v. McKaughan, W2013-00676-CCA-R3-CD (Tenn.Crim.App. 6-2-2014) has affirmed the constitutionality of this statute.

Video Interview Admissibility Statute Constitutional

As a video interview typically occurs out of court, the assertions of fact within a video interview are often hearsay. Testimony in criminal cases is generally given by live witnesses in court proceedings. However, there are exceptions, under the rules of evidence and by statute, under which a video interview may be played for a jury in a criminal case. In 2009, the Tennessee State Legislature enacted a statute allowing for the admissibility of forensic interviews of children under age thirteen in criminal trials where the defendant is charged with sexual abuse of the child. The recent Tennessee Court of Criminal Appeals opinion in State v. McKaughan, W2013-00676-CCA-R3-CD (Tenn.Crim.App. 6-2-2014) has affirmed the constitutionality of this statute.

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