Maryland v. Craig

497 U.S. 836, 110 S. Ct. 3157, 111 L. Ed. 2d 666, 1990 U.S. LEXIS 3457, 30 Fed. R. Serv. 1, 58 U.S.L.W. 5044
Supreme Court of the United States·Decided June 27, 1990·No. 89-478·Published·Cited by 2,002 cases

Opinions

[840]*840Justice O’Connor

delivered the opinion of the Court.

This ease requires us to decide whether the Confrontation Clause of the Sixth Amendment categorically prohibits a child witness in a child abuse case from testifying against a defendant at trial, outside the defendant’s physical presence, by one-way closed circuit television.

HH

In October 1986, a Howard County grand jury charged respondent, Sandra Ann Craig, with child abuse, first and second degree sexual offenses, perverted sexual practice, assault, and battery. The named victim in each count was a 6-year-old girl who, from August 1984 to June 1986, had attended a kindergarten and prekindergarten center owned and operated by Craig.

In March 1987, before the case went to trial, the State sought to invoke a Maryland statutory procedure that permits a judge to receive, by one-way closed circuit television, the testimony of a child witness who is alleged to be a victim of child abuse.1 To invoke the procedure, the [841]*841trial judge must first “determin[e] that testimony by the child victim in the courtroom will result in the child suffering serious emotional distress such that the child cannot reasonably communicate.” Md. Cts. & Jud. Proc. Code Ann. § 9-102(a)(l)(ii) (1989). Once the procedure is invoked, the child witness, prosecutor, and defense counsel withdraw to a separate room; the judge, jury, and defendant remain in the courtroom. The child witness is then examined and cross-examined in the separate room, while a video monitor records and displays the witness’ testimony to those in the courtroom. During this time the witness cannot see the de[842]*842fendant. The defendant remains in electronic communication with defense counsel, and objections may be made and ruled on as if the witness were testifying in the courtroom.

In support of its motion invoking the one-way closed circuit television procedure, the State presented expert testimony that the named victim, as well as a number of other children who were alleged to have been sexually abused by Craig, would suffer “serious emotional distress such that [they could not] reasonably communicate,” § 9-102(a)(l)(ii), if required to testify in the courtroom. App. 7-59. The Maryland Court of Appeals characterized the evidence as follows:

“The expert testimony in each case suggested that each child would have some or considerable difficulty in testifying in Craig’s presence. For example, as to one child, the expert said that what ‘would cause him the most anxiety would be to testify in front of Mrs. Craig. . . .’ The child ‘wouldn’t be able to communicate effectively.’ As to another, an expert said she ‘would probably stop talking and she would withdraw and curl up.’ With respect to two others, the testimony was that one would ‘become highly agitated, that he may refuse to talk or if he did talk, that he would choose his subject regardless of the questions’ while the other would ‘become extremely timid and unwilling to talk.’” 316 Md. 551, 568-569, 560 A. 2d 1120, 1128-1129 (1989).

Craig objected to the use of the procedure on Confrontation Clause grounds, but the trial court rejected that contention, concluding that although the statute “take[s] away the right of the defendant to be face to face with his or her accuser,” the defendant retains the “essence of the right of confrontation,” including the right to observe, cross-examine, and have the jury view the demeanor of the witness. App. 65-66. The trial court further found that, “based upon the evidence presented . . . the testimony of each of these children in a courtroom will result in each child suffering serious emotional distress . . . such that each of these children cannot reason[843]*843ably communicate.” Id., at 66. The trial court then found the named victim and three other children competent to testify and accordingly permitted them to testify against Craig via the one-way closed circuit television procedure. The jury convicted Craig on all counts, and the Maryland Court of Special Appeals affirmed the convictions, 76 Md. App. 250, 544 A. 2d 784 (1988).

The Court of Appeals of Maryland reversed and remanded for a new trial. 316 Md. 551, 560 A. 2d 1120 (1989). The Court of Appeals rejected Craig’s argument that the Confrontation Clause requires in all cases a face-to-face courtroom encounter between the accused and his accusers, id., at 556-562, 560 A. 2d at 1122-1125, but concluded:

“[U]nder § 9 — 102(a)(l)(ii), the operative ‘serious emotional distress’ which renders a child victim unable to ‘reasonably communicate’ must be determined to arise, at least primarily, from face-to-face confrontation with the defendant. Thus, we construe the phrase ‘in the courtroom’ as meaning, for sixth amendment and [state constitution] confrontation purposes, ‘in the courtroom in the presence of the defendant.’ Unless prevention of ‘eyeball-to-eyeball’ confrontation is necessary to obtain the trial testimony of the child, the defendant cannot be denied that right.” Id., at 566, 560 A. 2d, at 1127.

Reviewing the trial court’s finding and the evidence presented in support of the § 9-102 procedure, the Court of Appeals held that, “as [it] read Coy [v. Iowa, 487 U. S. 1012 (1988)], the showing made by the State was insufficient to reach the high threshold required by that case before § 9-102 may be invoked.” Id., at 554-555, 560 A. 2d, at 1121 (footnote omitted).

We granted certiorari to resolve the important Confrontation Clause issues raised by this case. 493 U. S. 104 (1990).

[844]*844I — I I — I

The Confrontation Clause of the Sixth Amendment, made applicable to the States through the Fourteenth Amendment, provides: “In all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him.”

We observed in Coy v. Iowa that “the Confrontation Clause guarantees the defendant a face-to-face meeting with witnesses appearing before the trier of fact.” 487 U. S., at 1016 (citing Kentucky v. Stincer, 482 U. S. 730, 748, 749-750 (1987) (Marshall, J., dissenting)); see also Pennsylvania v. Ritchie, 480 U. S. 39, 51 (1987) (plurality opinion); California v. Green, 399 U. S. 149, 157 (1970); Snyder v. Massachusetts, 291 U. S. 97, 106 (1934); Dowdell v. United States, 221 U. S. 325, 330 (1911); Kirby v. United States, 174 U. S. 47, 55 (1899); Mattox v. United States, 156 U. S. 237, 244 (1895). This interpretation derives not only from the literal text of the Clause, but also from our understanding of its historical roots. See Coy, supra, at 1015-1016; Mattox, supra, at 242 (Confrontation Clause intended to prevent conviction by affidavit); Green, supra, at 156 (same); cf. 3 J. Story, Commentaries on the Constitution § 1785, p. 662 (1833).

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Maryland v. Craig, 497 U.S. 836, 110 S. Ct. 3157, 111 L. Ed. 2d 666, 1990 U.S. LEXIS 3457, 30 Fed. R. Serv. 1, 58 U.S.L.W. 5044 (1990).

497 U.S. 836 (Maryland v. Craig) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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