had him examined. During the examination, a pediatric nurse took
M.P.'s temperature rectally. In the presence of the nurse and his
mother, M.P. stated, "this is what my teacher does to me at nap
time at school." M.P. indicated to the nurse that his teacher,
Kelly (the name by which Michaels was known to the children), was
the one who took his temperature. M.P. added that Kelly undressed
him [**13] and took his temperature daily. On further questioning
by his mother, M.P. said that Kelly did the same thing to S.R.
[*305]
The pediatrician, Dr. Delfino, then examined M.P. He informed Mrs.
P. that the spots were caused by a rash. Mrs. P. did not tell Dr.
Delfino about M.P.'s remarks; consequently, he did not examine
M.P.'s rectum. In response to further questioning from his mother
after they had returned home, M.P., while rubbing his genitals,
stated that "[Kelly] uses the white jean stuff." Although M.P. was
unable to tell his mother what the "white jean stuff" was,
investigators later found vaseline in Wee Care's bathroom and white
cream in the first-aid kit.  During the same conversation, M.P.
indicated that Kelly had "hurt" two of his classmates, S.R. and
E.N.
M.P.'s mother contacted the New Jersey Division of Youth and Family
Services ("DYFS") and Ms. Spector, Director of Wee Care, to inform
them of her son's disclosures. On May 1, 1985, the Essex County
Prosecutor's office received information from DYFS about the alleged
sexual abuse at Wee Care. The Prosecutor's office assumed investigation
of the complaint.
The Prosecutor's office interviewed several Wee Care children and
their [**14] parents, concluding their initial investigation on
May 8, 1985. During that period of investigation, Michaels submitted
to approximately nine hours of questioning. Additionally, Michaels
consented to taking a lie detector test, which she passed. Extensive
additional interviews and examinations of the Wee Care children by
the prosecutor's office and DYFS then followed.
Michaels was charged on June 6, 1985, in a three count indictment
involving the alleged sexual abuse of three Wee Care boys. After
further investigation, a second indictment was returned July 30,
1985, containing 174 counts of various charges involving twenty
Wee Care boys and girls. An additional indictment of fifty-five
counts was filed November 21, 1985, involving fifteen Wee Care
children. Prior to trial the prosecution dismissed seventy-two
counts, proceeding to trial on the remaining 163 counts.
After several pretrial hearings, the trial commenced on June 22,
1987. The bulk of the State's evidence consisted of the testimony
of the children. That testimony referred extensively to the pretrial
[*306] statements that had been elicited from the children during
the course of the State's investigations.  The State introduced
[**15] limited physical evidence to support the contention that
the Wee Care children had been molested.
By the time the trial concluded nine months later, another thirty-two
counts had been dismissed, leaving 131 counts. On April 15, 1988,
after twelve days of deliberation, the jury returned guilty verdicts
on 115 counts, including aggravated sexual assault (thirty-eight
counts), sexual assault (thirty-one counts), endangering the welfare
of children (forty-four counts), and terroristic threats (two
counts). The trial court sentenced Michaels to an aggregate term
of forty-seven years imprisonment with fourteen years of parole
ineligibility.
II
The focus of this case is on the manner in which the State conducted
its investigatory interviews of the children. In particular, the
Court is asked to consider whether the interview techniques employed
by the state could have undermined the reliability of the children's
statements and subsequent testimony, to the point that a hearing
should be held to determine whether either form of evidence should
be admitted at re-trial.
The question of whether the interviews of the child victims of
alleged sexual-abuse were unduly suggestive and coercive requires
[**16] a highly nuanced inquiry into the totality of circumstances
surrounding those interviews.  Like confessions and identification,
the inculpatory capacity of statements indicating the occurrence
of sexual abuse and the anticipated testimony about those occurrences
requires that special care be taken to ensure their reliability.
The Appellate Division carefully examined the record concerning
the investigatory interviews. It concluded that the interrogations
that had been conducted were highly improper. 264 N.J. Super. at
629. The court determined from the record that the children's
accusations were founded "upon unreliable perceptions, or memory
caused by improper investigative procedures," [*307] and that
testimony reflecting those accusations could lead to an unfair
trial.  Id. at 631-32. Accordingly, it held that in the event of
a re-trial, a pretrial hearing would be required to assess the
reliability of the statements and testimony to be presented by
those children to determine their admissibility.  Ibid. The State
appeals that determination.
Woven into our consideration of this case is the question of a
child's susceptibility [**17] to influence through coercive or
suggestive questioning. As the Appellate Division noted, there is
a constantly broadening body of scholarly authority exists on the
question of children's susceptibility to improper interrogation.
Id. at 622. The expanse of that literature encompasses a variety
of views and conclusions. Ibid. Among the varying perspectives,
however, the Appellate Division found a consistent and recurrent
concern over the capacity of the interviewer and the interview
process to distort a child's recollection through unduly slanted
interrogation techniques.  Ibid. The Appellate Division concluded
that certain interview practices are sufficiently coercive or
suggestive to alter irremediably the perceptions of the child
victims. Id. at 620-30.
A.
Like many other scientific and psychological propositions that this
Court has addressed in different contexts, see, State v. J.Q., 130
N.J. 554, 617 A.2d 1196 (1993) (noting the limited use to be made
of Child Sexual Abuse Accommodation Syndrome); In re Guardianship
of J.C., 129 N.J. 1, 608 A.2d 1312 (1992) [**18] (considering
effects of child-parent bonding in adoption cases); Rubanick v.
Witco Chemical Co. 125 N.J. 421, 593 A.2d 733 (1991) (addressing
scientific theories of causation in toxic torts); State v. Kelly,
97 N.J. 178, 478 A.2d 364 (1984) (determining availability of
battered-women's syndrome as self-defense in criminal case); State
v. Hurd, 86 N.J. 525, 432 A.2d 86 (1981) (considering practice of
hypnosis in determining reliability of hypnotically refreshed
testimony), the notion that a child is peculiarly susceptible to
undue [*308] influence, while comporting with our intuition and
common experience is in fact a hotly debated topic among scholars
and practitioners. The recognition of that notion in a judicial
proceeding, therefore, requires utmost circumspection.
Additional factors temper our consideration of whether children
are susceptible to manipulative interrogation. This Court has been
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