An examination of whether a child should be presumed to be a competent witness.
Written in 2006; 755 words; 9 sources; MLA; $ 26.95
Paper Summary:
This paper discusses the practical realities of a child witness. The paper focuses on understanding the "impressionability" of a child, and the child's ability to distinguish truth from falsehood. The paper explains that many states provide procedures to limit the trauma for children, such as testimony by closed-circuit television rather than in-court testimony, although there must be a hearing to determine if these procedures are appropriate. The paper suggests that the courts accept the competence of child accusers, confident that judicial processes can address possible issues of impressionability.
From the Paper:
"The legal system does not accept such rules of competence. The key rule of evidence, the Federal Rules of Evidence, states at Rule 601: "General Rule of Competency: Every person is competent to be a witness . . . ." Most states follow this rule, so that no court can categorically bar a witness who is a member of a given class (such as age) without a showing that the individual witness cannot give sound testimony. Federal law is specific. A child is presumed competent. 18 U.S.C. . "
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