(DOWNLOAD) "In Re Pamela A.G." by Court of Criminal Appeals of Oklahoma " Book PDF Kindle ePub Free
eBook details
- Title: In Re Pamela A.G.
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 20, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
"1 In this neglect and abuse proceeding we consider whether the Petitioners procedural due process rights were violated when Childs out-of-court statements were admitted to prove allegations of sexual abuse. Petitioners contend their due process rights were violated because four hearsay statements of Child were admitted without giving them an opportunity to question Child regarding the allegations. The Childrens Court admitted the statements under the catch-all exception to the hearsay rule, finding that the statements by the child were spontaneous, consistent, and contained language that a child four years of age normally would not use, thus concluding the statements were trustworthy and reliable. The Court of Appeals affirmed and held that the Childrens Court adequately safeguarded the Petitioners due process rights by investigating the reliability of the statements before admitting the statements as evidence of sexual abuse. We affirm the Court of Appeals. Although we agree with the hearsay analysis employed by the Court of Appeals, we take this opportunity to emphasize those procedural safeguards that are necessary to afford a minimum level of due process in an neglect and abuse proceeding when the child does not testify.