Assignment:
In this unit, you learned that there are different ways to confront witnesses. There have been different rulings about abusers having to confront the defendants who abused them, and several methods, such as testifying behind a screen and testifying on closed-circuit television, have been used. Do you feel that abuse victims should be required to testify in open court? Why, or why not?
If your conclusion is that abuse defendants cannot confront their victims in open court, what alternatives can be offered to conduct a fair trial in accordance with the Sixth Amendment of the U. S. Constitution?
Reply to my classmate response to the above questions and explain why you agree? (a minimum of 125 words or more)
For me this question was thought provoking. I view it as two-fold. Firstly, there must be consideration of the elements of the situation like the victim's age (child), violator's age (child), whether there is sexual abuse, the setting of the violation, and the degree of mental impact of the incident(s) just to name a few. Accommodating these variables and supporting the person through the experience is imperative to the person they will be after getting through this point of the experience. Putting the victim first should override the rights of the offender.
Secondly, there are times that people just don't feel they are believed by anyone. Should the victim feel strong enough to report it and make it to court, them sitting on the stand and painting their own picture for the jury to see and feel may be what they need to do to finally get the justice they deserve. It's sad that some victims must work so hard to present their internal scars, but it is true. Overlooking those that ‘cry wolf', there are so many people that have been made to feel defeated and ashamed for something that was not their fault. These experiences mentally trap some victims, preventing from ever truly getting past the moment or experience. For some victims, facing the offenders is the only way they can finally conquer the power the offender had over them. It may be hard and scary; but worth the strength used to overcome. Moving forward, they will need support and protection.
When supporting children and victims too afraid to be in the same room with the offender, I would do the testimony by live video. The victim is testifying live by video, but they can't see anyone on their screen but the judge and attorney speaking to them. The entire courtroom would be able to see them so the jury can get the full impact of their testimony.