NEW JERSEY’S EXCESSIVE AND UNPRECEDENTED EXPANSION OF MARYLAND V. CRAIG

Author: Bridget Devlin

Cases where children are key witnesses – especially those involving child abuse – are among the most challenging facing our justice system.  The line between protecting children and preventing the wrongful conviction, or the wrongful termination of parental rights, of an alleged abuser can many times be difficult to determine.  The system must also ensure that those accused of crimes are presumed innocent until proven guilty, and are given the right to confront witnesses against them.  While some specific policy considerations may outweigh a defendant’s constitutional rights, it is important to understand at which point the line must be drawn.  

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