Legal Question in Civil Rights Law in Colorado

Re: Tape recording of a minor and admissability in court

In our criminal justice system every accused has the right to confront the witnesses against him and to cross-examine those witnesses. This applies to children accusers as well as adults, although there are special rules to protect children during this process.

It is not permissible, however, to attempt to use an unsworn recorded statement in lieu of testimony by the child under the protective rules of court.

The statement may be admissible for impeachment of the child or to test his/her recollection if taped statements are at odds with in person statements.