It can be really hard to defend someone accused of a crime when there’s not much evidence against them. In one case, a young child made a statement about her dad, but later said she was just trying to be funny. Medical tests and interviews with experts didn’t show any signs of abuse, and the child repeatedly denied the abuse. Now, the child is going to testify for the defense. This case shows how complicated the rules about what evidence can be used in court can be, especially when it comes to what children say. If a child who is 11 years old or younger tells someone about being abused or hurt, their statement can be used in court to help prove what happened. But first, the judge has to make sure the statement is reliable and that the child is mature enough to understand what they are saying. The child also has to either speak in court or be unable to because it would be too upsetting for them. The defendant in a criminal trial has to be told about the child’s statement before the trial starts. The judge has to say why they decided to use the child’s statement in the trial. In the Jaggers case, the court said that statements made by children outside of court can’t be used as the main evidence to prove someone’s guilt. The court also clarified that these statements can only be used if the child testifies in court or is unavailable, and they have to be reliable. Inconsistent statements from the child can only be used to contradict their testimony in court. Florida law allows statements from children describing their own abuse to be used as evidence in court, even if the child is able to testify in person. However, the law does not allow statements from children about abuse on other people to be used as evidence. The court has also ruled that these statements can only be repeated by one other person if the child testifies. Multiple repeated statements are not allowed because they can unfairly influence the jury. In order for a child’s statement to be used as evidence in court, it has to be trustworthy. The court will look at factors like whether the child seemed to make the statement on their own, if they told someone about the incident right away, and if their story is consistent. Sometimes, even if a child’s statement seems reliable, a judge may still decide not to use it as evidence if there are doubts about its reliability. This is rare, but it can happen. The child hearsay rule is a limited exception to the hearsay rule, which allows testimony from a child to be used in court. However, this exception does not override other rules and is not meant to unfairly benefit the state. It can actually help to prove a defendant’s innocence in certain cases. The U.S. Supreme Court has also emphasized the importance of the right to confront and cross-examine witnesses in court, especially when it comes to testimony from children. So, for a child’s statement to be used in court, they must have been questioned and cross-examined by both the defense and prosecution. When dealing with child hearsay in court, it’s important to be systematic and methodical. You’ll need to prepare for cross-examining the child and others who talked to the child, like social workers and police officers. There’s a lot of paperwork in child abuse cases, and one important document is called a “crono,” which lists all the contacts and observations made during the investigation. These can be helpful for cross-examination. You may also want to get records from doctors and psychologists who examined the child. These records are usually confidential, but you can ask the court to waive the confidentiality if they’re important to the case. It’s also a good idea to subpoena records from all the government agencies involved in the case to look for any inconsistencies that could be useful in cross-examination. It’s important to pay attention to the rules when it comes to defending against potential testimony from a child. The state has to give the defendant a notice that clearly shows they intend to use the child’s statement in court. The notice needs to include what the child said, when they said it, why it’s reliable, and any other important details. The defendant has to get this notice at least 10 days before the trial. If the state doesn’t follow these rules, the defendant may have a chance to challenge the evidence. So, it’s important to watch out for any last-minute notices from the prosecution. When you get a notice about a child abuse case, pay close attention to who will be testifying and what they heard. Make sure law enforcement is only testifying to what the child told them, not what the child told someone else. Also, make sure the child’s statement is about abuse, not just a response to a broad question. Check for any past statements that don’t match up with what the witness is saying now. And always make the prosecution prove their case – ask for a hearing, do your research, and pay close attention to the witness’s answers. Every case is different, so it’s up to you to evaluate your client’s case and prepare a defense strategy. Understanding the law and the facts of your case is crucial. George E. Tragos is a lawyer who has a lot of experience in criminal law. He has worked for the government and is certified in criminal trial law. He works with an associate, Peter A. Sartes, who also has a lot of experience in criminal law. They are both involved in different legal committees and organizations. This information was provided by the Criminal Law Section.
Source: https://www.floridabar.org/the-florida-bar-journal/so-youre-faced-with-child-hearsay-whats-in-whats-not/
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