Does the Child Witness Videotape Statute Violate the Confrontation Clause?
Discusses the provision in the Texas Code of Criminal Procedure, which allows child witnesses to testify on videotape and how it relates to the confrontation clause. The article starts by walking through the provision. The article then moves to the conflicting interpretation of the provision by the Texas Courts of Appeals by analyzing several cases. The article discusses the guarantees given by the federal and Texas confrontation clauses, and discusses whether video confrontation satisfies the right of confrontation. The article discusses the shortcomings of the provision, policy reasons for the provision, and what interests may need to be weighed to determine if the provision satisfies these constitutional guarantees.