Victims and witnesses in criminal domestic violence cases in New Jersey can now testify by closed-circuit television under a new law enacted by Republican Gov. Chris Christie, yet the measure could face legal challenges, according to lawmakers and experts.
The legislation passed the Democrat-led Assembly and Senate without any opposition and puts New Jersey in a class with at least one other state — Delaware — to allow television testimony from witnesses of any age. New York is also currently considering similar legislation. Other states allow such testimony for minors.
The Supreme Court upheld a law allowing minors to testify remotely only narrowly and the court in 2004 strengthened the so-called Confrontation Clause, Jeffrey Fisher, a Stanford University law professor, said.
“I would fully expect the law to be challenged. And it’ll be a very serious challenge,” he said. “There’s no historical or legal precedent for this counting as confrontation.”Read More