Maryland v. Craig
Encyclopedia
Maryland v. Craig, 497 U.S. 836
(1990), was a case decided by the Supreme Court of the United States
under the Sixth Amendment to the United States Constitution
. The Court ruled that the Sixth Amendment's Confrontation Clause
, which provides criminal defendants with the right to confront witnesses against them, did not bar the use of one-way closed-circuit television
to present testimony by an alleged child sex abuse victim.
The child was reportedly unable to testify in the physical presence of the defendant due to severe emotional trauma. The trial court set her up in a separate room with the judge, the prosecutor, and the defense attorney, so that the defendant and jury could only see her testify via the live television screen in the courtroom, and she could not see them. The defendant was convicted, and the Maryland Court of Appeals
reversed, ruling that his Sixth Amendment rights were violated by the use of the transmitted testimony, because the Confrontation Clause guaranteed face-to-face confrontation. The Supreme Court reversed the Maryland high court, reinstating the conviction.
Justice Sandra Day O'Connor
wrote for the majority, ruling that the Confrontation Clause merely embodies a "preference" for face-to-face, in person confrontation, which may be limited to satisfy sufficiently important interests. Because the child witness was cross-examined
by the defendant's attorney and her general demeanor was visible in the courtroom, the defendant had a constitutionally sufficient opportunity to test her credibility and the substance of her testimony before the jury.
Craig came shortly after the Court had invalidated the use of a screen to hide a similarly situated child witness/victim in Coy v. Iowa. The court in Coy found "no individualized findings (that the victims) needed special protection." Indeed, "face-to-face presence may, unfortunately, upset the truthful rape victim or abused child; but by the same token it may confound and undo the false accuser, or reveal the child coached by a malevolent adult." In contrast, the Maryland statute in Craig provided for an exception when a child's testimony would result in "serious emotional distress." Furthermore, the use of one-way closed-circuit TV did not considerably obstruct the jury's observation of the child's testimony.
The court noted that the fundamental purpose of the 6th Amendment was to prevent ex parte affidavits. Mattox v. United States 156 U.S. 237, 242 (1895). It further identified four primary guarantees embodied in the Confrontation Clause:
The court noted that hearsay exceptions demonstrated that no defendant had an absolute right to a face-to-face encounter with adversarial witnesses. While the Maryland exception did not provide face-to-face confrontation, the final three preserved guarantees were present. The State's interest in the physical and psychological well-being of child abuse victims could outweigh the defendant's right to face his accusers in court.
The court remanded the case for a determination on the necessity of the accommodations.
Justice Antonin Scalia
, in dissent, wrote that he was "persuaded...that the Maryland
procedure is virtually constitutional. Since it is not, however, actually constitutional I would affirm the judgment of the Maryland Court of Appeals reversing the judgment of conviction."
Many states subsequently declined to follow Craigs reasoning when applying their own comparable constitutional provisions. Some state constitutions
furthermore expressly require confrontation to be "face to face", and so criminal defendants in those states will have the benefit of the broader state protections.
The continued validity of this decision in the face of Crawford v. Washington
has been called into question. Craig relies in large part on Ohio v. Roberts
, which was overturned by Crawford. A petition for certiorari arguing this point was filed with the Supreme Court in March 2007.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1990), was a case decided by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
under the Sixth Amendment to the United States Constitution
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
. The Court ruled that the Sixth Amendment's Confrontation Clause
Confrontation Clause
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Generally, the right is to have a face-to-face confrontation with witnesses who are...
, which provides criminal defendants with the right to confront witnesses against them, did not bar the use of one-way closed-circuit television
Closed-circuit television
Closed-circuit television is the use of video cameras to transmit a signal to a specific place, on a limited set of monitors....
to present testimony by an alleged child sex abuse victim.
The child was reportedly unable to testify in the physical presence of the defendant due to severe emotional trauma. The trial court set her up in a separate room with the judge, the prosecutor, and the defense attorney, so that the defendant and jury could only see her testify via the live television screen in the courtroom, and she could not see them. The defendant was convicted, and the Maryland Court of Appeals
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis...
reversed, ruling that his Sixth Amendment rights were violated by the use of the transmitted testimony, because the Confrontation Clause guaranteed face-to-face confrontation. The Supreme Court reversed the Maryland high court, reinstating the conviction.
Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
wrote for the majority, ruling that the Confrontation Clause merely embodies a "preference" for face-to-face, in person confrontation, which may be limited to satisfy sufficiently important interests. Because the child witness was cross-examined
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
by the defendant's attorney and her general demeanor was visible in the courtroom, the defendant had a constitutionally sufficient opportunity to test her credibility and the substance of her testimony before the jury.
Craig came shortly after the Court had invalidated the use of a screen to hide a similarly situated child witness/victim in Coy v. Iowa. The court in Coy found "no individualized findings (that the victims) needed special protection." Indeed, "face-to-face presence may, unfortunately, upset the truthful rape victim or abused child; but by the same token it may confound and undo the false accuser, or reveal the child coached by a malevolent adult." In contrast, the Maryland statute in Craig provided for an exception when a child's testimony would result in "serious emotional distress." Furthermore, the use of one-way closed-circuit TV did not considerably obstruct the jury's observation of the child's testimony.
The court noted that the fundamental purpose of the 6th Amendment was to prevent ex parte affidavits. Mattox v. United States 156 U.S. 237, 242 (1895). It further identified four primary guarantees embodied in the Confrontation Clause:
- The right of "personal examination"
- That a witness will testify under oath
- That a witness will submit to cross-examination
- That the jury may observe the demeanor of the witness in making his statement
The court noted that hearsay exceptions demonstrated that no defendant had an absolute right to a face-to-face encounter with adversarial witnesses. While the Maryland exception did not provide face-to-face confrontation, the final three preserved guarantees were present. The State's interest in the physical and psychological well-being of child abuse victims could outweigh the defendant's right to face his accusers in court.
The court remanded the case for a determination on the necessity of the accommodations.
Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, in dissent, wrote that he was "persuaded...that the Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
procedure is virtually constitutional. Since it is not, however, actually constitutional I would affirm the judgment of the Maryland Court of Appeals reversing the judgment of conviction."
Many states subsequently declined to follow Craigs reasoning when applying their own comparable constitutional provisions. Some state constitutions
State constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
furthermore expressly require confrontation to be "face to face", and so criminal defendants in those states will have the benefit of the broader state protections.
The continued validity of this decision in the face of Crawford v. Washington
Crawford v. Washington
Crawford v. Washington, 541 U.S. 36 , is a United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Clause of the Sixth Amendment...
has been called into question. Craig relies in large part on Ohio v. Roberts
Ohio v. Roberts
Ohio v. Roberts, 448 U.S. 56 , is a United States Supreme Court decision dealing with the Confrontation Clause of the Sixth Amendment to the United States Constitution.- Factual background :...
, which was overturned by Crawford. A petition for certiorari arguing this point was filed with the Supreme Court in March 2007.
See also
- List of United States Supreme Court cases, volume 497
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court