Maryland v. Craig

Facts

In October 1986, the defendant was charged with multiple child abuse and sexual abuse charges. The victim for each count was a 6-year-old girl who had attended a preschool center owned and operated by the defendant.

Before the case went to trial, the prosecution sought to invoke a Maryland state law that permits a judge to receive, by one-way closed circuit television, the testimony of a child witness who is alleged to be a victim of child abuse. To invoke the procedure, the  trial judge must first “determine that testimony by the child victim in the courtroom will result in the child suffering serious emotional distress such that the child cannot reasonably communicate.” Once the procedure is invoked, the child witness, prosecutor, and defense counsel withdraw to a separate room while the judge, jury, and defendant remain in the courtroom. The child witness is then examined and cross-examined in the separate room, while a video monitor records and displays the witness’ testimony to those in the courtroom. The witness cannot see the defendant. The defendant remains in electronic communication with defense counsel, and objections may be made and ruled on as if the witness were testifying in the courtroom.

The defendant was convicted. He argued that the one-way closed circuit television violated the Confrontation Clause of the Sixth Amendment. The Court of Appeals of Maryland reversed. The State appealed.