§ 19.05 EXCEPTION: CRIME VICTIMS

• Jurisdiction: North Carolina

§ 19.05. EXCEPTION: CRIME VICTIMS

Federal Rule 615(4), which became effective in 1998, recognizes an exception to the sequestration rule when authorized by statute. This provision brought the Rule into conformity with the Victim's Rights and Restitution Act of 1990²⁵ and the Victim's Rights Clarification Act of 1997,²⁶ which permit a victim-witness to attend the trial unless the trial testimony would materially affect the witness's testimony. Many state provisions are more specific.²⁷

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Notes:

^[25] 18 U.S.C. §3771.

^[26] 18 U.S.C. § 3510. See infra Appendix C.

^[27] See Ala. R. Evid. 615 ("This rule does not authorize exclusion of . . . (4) a victim of a criminal offense or the representative of a victim who is unable to attend, when the representative has been selected by the victim, the victim's guardian, or the victim's family."); Fla. Stat. Ann. § 90.616(d) (recognizing an exception: "In a criminal case, the victim of the crime, the victim's next ofkin, the parent or guardian of a minor child victim, or a lawful representative of such person, unless, upon motion, the court determines such person's presence to be prejudicial."). See also Mosteller, The Unnecessary Victims' Rights Amendment,...