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NEW ARTICLE TO HELP TRAUMATIZED CHILDREN TESTIFY EFFECTIVELY IN COURT

By Wendy Murphy    Mar. 07, 2015

Copyright (c) 2014 Roger Williams University Law Review
Roger Williams University Law Review

Article: Traumatized Children Who Participate in Legal Proceedings are Entitled to Testimonial and Participatory Accommodations Under the Americans with Disabilities Act

SPRING, 2014

ROGER WILLIAMS UNIVERSITY LAW REVIEW

19 Roger Williams U. L. Rev. 361

Author
Wendy Murphy*

Excerpt

I. Introduction

Many states have laws that allow children to testify in legal proceedings with the assistance of special protective measures. 2 While there is significant variation among the states, common options include testifying outside of the courtroom or by closed circuit television, sitting in smaller chairs, holding stuffed animals, using diagrams and anatomically correct dolls, and turning their bodies away from the accused. 3

The United States Supreme Court has upheld the constitutionality of special protections for children when such measures are “reliable and necessary,” and so long as the court makes case-specific findings. 4 However, some states forbid or substantially limit such protections under their state constitutions. 5 This disparity between state and federal courts, combined with the disparities among the states themselves, means that children, as a class, experience inconsistent legal protections when participating in judicial proceedings.

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Children’s Constitutional Rights Project

By Wendy Murphy    Dec. 12, 2014

Children born in the United States are United States citizens, and are guaranteed due process, equal protection of laws, and the privileges and immunities of the respective states.1

The rights compiled below are intentionally limited to only those rights most likely to be implicated in legal matters involving allegations of child abuse or neglect. Identified rights include those that have been enumerated in the federal Constitution or have developed from Supreme Court decisional law.2

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TRAUMATIZED CHILDREN WHO PARTICIPATE IN LEGAL PROCEEDINGS ARE ENTITLED TO TESTIMONIAL AND PARTICIPATORY ACCOMMODATIONS UNDER THE AMERICANS WITH DISABILITIES ACT

By Wendy Murphy    Aug. 12, 2013

I. INTRODUCTION

Many states have laws that allow children to testify in legal proceedings with the assistance of special protective measures.2 While there is significant variation among the states, common options include testifying outside of the courtroom or by closed circuit television, sitting in smaller chairs, holding stuffed animals, using diagrams and anatomically correct dolls, and turning their bodies away from the accused.3

Read the rest of this article »


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