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Posts tagged "children"

Court Approves Statute Allowing Video Hearsay Statements from Children

Generally, hearsay statements, which are extrajudicial assertions of testimonial facts, are not admissible in criminal trials in Tennessee. However, the Rules of Evidence provide specific exceptions and indicate other exceptions could apply as well. In 2009, the Tennessee Legislature passed a law specifically allowing for the admission into evidence of relevant video hearsay statements of children under the age of thirteen when the statements describe sex abuse and when, in the judgment of the trial court, a list of criteria is met which is designed to ensure the reliability of the statements. In the recent case of State v. McCoy, M2013-00912-SC-R11-CD (Tenn. 12-1-2014), the Tennessee Supreme Court addressed constitutional challenges to this evidentiary statute and approved its constitutionality and application.

Court Approves Statute Allowing Video Hearsay Statements from Children

Generally, hearsay statements, which are extrajudicial assertions of testimonial facts, are not admissible in criminal trials in Tennessee. However, the Rules of Evidence provide specific exceptions and indicate other exceptions could apply as well. In 2009, the Tennessee Legislature passed a law specifically allowing for the admission into evidence of relevant video hearsay statements of children under the age of thirteen when the statements describe sex abuse and when, in the judgment of the trial court, a list of criteria is met which is designed to ensure the reliability of the statements. In the recent case of State v. McCoy, M2013-00912-SC-R11-CD (Tenn. 12-1-2014), the Tennessee Supreme Court addressed constitutional challenges to this evidentiary statute and approved its constitutionality and application.

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