Personal Injury Law

New Missouri Bill Could Stifle Cross Examination of Child Witnesses

By Ryan Bradley, Esq.

Representative Bob Dixon from Springfield, Missouri has introduced new legislation that would entitle juvenile witnesses a so called "Bill of Rights" when testifying in Missouri courts. The proposed law would bar lawyers from raising their voices while questioning juveniles and allow children to carry a "comfort item" while on the stand. This bill would apply to criminal cases as well as civil cases. However, many lawyers and legislators are voicing out opposition to this bill.

The problem some see with the bill is that it reaches too far. For instance, a 17 year old criminal defendant who is being tried for murder as an adult would have a safe haven under this proposed legislation. Some see this as conferring an unfair advantage in these types of situations.

The Missouri Bar is officially voicing opposition to this bill, calling it vague and questioning whether it would run afoul of other existing court rules. The Missouri legislature has passed this bill and it is now sitting at the footsteps of the Senate Judiciary Committee.

For me, I don't see the need for this legislation. For one, the Missouri Supreme Court has passed its own rules regarding courtroom practice and procedure, which has worked in my estimation just fine in the realm of juvenile matters. If this bill is aimed at "protecting children," does it presuppose Missouri judges are not doing a good job of this now? This is what a judge does. He or she controls the decorum and manner in which witnesses are examined under direct and cross examination. If a lawyer gets out of line, they are immediately stopped by the judge.

Recently, the Missouri legislature has not been content with just passing laws, which by definition is what the legislative branch of the government does. It seems like they want to pass the laws and then decide how the laws are interpreted as well as control every aspect of judicial proceedings. These are things left to the Judicial branch of the government- interpreting laws and administering courtroom procedure to determine if laws are violated. Perhaps the legislature should stick to passing constitutional laws and leave the administration of justice to the qualified judges that sit on the bench.

If you have questions or comments regarding this bill, contact the bill's sponsor and Representative Bob Dixon of Springfield, Missouri at (573)751-9809.

Full post as published by Missouri Accident Lawyer Blog on May 08, 2008 (boomark / email).