The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, April 18, 1990
Decision: Wednesday, June 27, 1990
Issues: Criminal Procedure, Confrontation
Categories: children, criminal, right to confront witnesses, sixth amendment, testimony

Advocates

J. Joseph Curran, Jr. (Argued the cause for the petitioner)
William H. Murphy, Jr. (Argued the cause for the respondent)

Facts of the Case

Sandra Ann Craig, the operator of a kindergarten and pre-school facility, was accused of sexually abusing a six-year-old child. Over Craig's objections, a trial court allowed the alleged child victim to testify via one-way closed circuit television. The child testified outside the courtroom while Mrs. Craig, through electronic communication with her lawyer, could make objections. The judge and jury also viewed the testimony in the courtroom. This was done in order to avoid the possibility of serious emotional distress for the child witness. The trial court convicted Craig, but the Maryland high court reversed.

Question

Did the closed-circuit testimony violate the Confrontation Clause of the Sixth Amendment?

Conclusion

No. In a 5-to-4 decision, the Court held that the Confrontation Clause of the Sixth Amendment, which guarantees criminal defendants face-to-face meetings with witnesses against them at trial, was not absolute. The Court found that "in certain narrow circumstances, 'competing interests, if closely examined, may warrant dispensing with confrontation at trial." The State's interest in protecting the physical and psychological well-being of children, the Court held, could be sufficiently important to outweigh defendants' rights to face their accusers in court.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 5 votes for Maryland, 4 vote(s) against
Legal Provision: Right to Confront and Cross-Examine, Compulsory Process
Voted with the minority, joined Scalia's dissent
Marshall
Voted with the minority, joined Scalia's dissent
Brennan
Voted with the minority, joined Scalia's dissent
Stevens
Voted with the majority
Blackmun
Voted with the majority
White
Voted with the majority
Kennedy
Wrote the majority opinion
O'Connor
Wrote a dissent
Scalia
Voted with the majority
Rehnquist
Full Opinion by Justice Sandra Day O'Connor

Cite this page

The Oyez Project, Maryland v. Craig, 497 U.S. 836 (1990),
available at: <http://www.oyez.org/cases/1980-1989/1989/1989_89_478/>
(last visited ).