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Whorton v. Bockting
''Whorton v. Bockting'', , was a United States Supreme Court case about the application of the Confrontation Clause and whether ''Crawford v. Washington'' applied retroactively. Justice Samuel Alito, writing for a unanimous Court, ruled that ''Crawford'' did not apply retroactively.
== Background ==
The respondent, Marvin Howard Bockting, of Las Vegas, Nevada, was accused of sexual assault of his wife Laura's six-year-old daughter. A police detective interviewed the victim in the presence of her mother, and physical evidence was gathered at a hospital. The grand jury indicted Bockting on four counts of sexual assault on a minor under 14 years of age. The victim testified at the preliminary hearing, and Bockting was held over for trial.〔 〕
At trial, the court held a hearing to determine whether the victim could testify. Finding that Autumn was too distressed to be sworn in, the State moved to allow Laura Bockting and the detective to recount the victim's statements to the jury. Under Nevada law, out-of-court statements made by a child under 10 years of age describing acts of sexual assault or physical abuse of the child may be admitted if the court finds that the child is unavailable or unable to testify and that "the time, content and circumstances of the statement provide sufficient circumstantial guarantees of trustworthiness."〔Nev. Rev. Stat. §51.385 (2003)〕 The court found sufficient evidence of reliability to admit the testimony.
After hearing the evidence, the jury found Bockting guilty of three counts of sexual assault on a minor under the age of 14, and the court imposed two consecutive life sentences and another concurrent life sentence.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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