Question

In order to convince a judge to permit a child to testify via closed-circuit TV in a sexual offense related trial against an accused defendant the standard of proof applied to the factors weighed by the judge is "clear and convincing evidence". Why do you suppose the standard is not 'beyond a reasonable doubt" or reasonable cause to believe"?

Answer 1

This could be because children listen to elders who control and help them. This would mean whatever they say, children would believe and act accordingly. Thus, children could be motivated by elders to accuse someone with a false charge. The problem with CCTV evidence is that it would provide a protective cell for the child to even lie conveniently which would also be backed by the child’s guardian. If the child is admitted in a real court it might get confused and might end-up telling the truth. So, it may be under doubt and not beyond reasonable doubts.

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