and such and so and by mzagdzusem


									statute). Are the statutes based on a combination of relevance concerns

and privilege rather than exclusively relying on either? Which factor


7. Child sexual abuse cases raise concerns that are closely related to

those present in dealing with the rape victim and her testimony. The

child/victim faces potential traumatizing effects of testifying against the

alleged adult perpetrator, who often is a close family member, and states

tihrough a variety of statutory schemes have attempted to minimize this

trauma. See, e.g., Commonwealth v. Willis, 716 S.W.2d 224 (Ky.1986) (to

further interest in effectively prosecuting child abusers, testimony of child

 may be presented by pretrial video tape, by closed circuit television,

or by in-court screening of defendant from victim’s view); State v. Shep-

pard, 197 N.J.Super. 411, 484 A.2d 1330 (1984) (use of video equipment

approved under similar policy analysis); but see State v. Watford, 223 Neb.

358, 389 N .W..2d 575 (1986) (use of closed-circuit television to present child

sexual assault victim permissible only where specific compelling need

Shown and where infringement upon defendants confrontation rights

So in any given situation, the law recognizes certain

material' to the case, and the presence or absence of each of them iq;

properly to be considered in deciding the case. Or, to rephrase in-

mmewhat more involved language, rules of substantive law are “statef

ments of the specific factual conditions upon which specific legal

consequences depend. ~ »» 1 Rules of substantive law are conditional

imperatives, having the form: If such and such and so and so, etc. is the

To top