What is the test for making a finding of necessity in a sexual assault case?

California, United States of America


The following excerpt is from People v. Adams, 19 Cal.App.4th 412, 23 Cal.Rptr.2d 512 (Cal. App. 1993):

Maryland v. Craig teaches how specific the finding of necessity should be. "The trial court must hear evidence and determine whether use of the ... procedure is necessary to protect the welfare of the particular child witness who seeks to testify. [Citation.] The trial court must also find that the child witness would be traumatized, not by the courtroom generally, but by the presence of the defendant. [Citations.] Denial of face-to-face confrontation is not needed to further the state interest in protecting the child witness from trauma unless it is the presence of the

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