Who is competent to be a witness at trial? How is the competency of a witness established at trial? Give 2 examples
What will be an ideal response?
A person is competent to testify at trial if the person (1) understands the duty to tell the truth, and (2) can narrate the events in question. If a person meets these standards he/she can testify. The issue of whether the witness is telling the truth while testifying is left for the jury to decide.
If there is a question about whether a person is competent to testify there will be a voir dire hearing without the jurors present before the person takes the stand. The attorney who wishes to call the witness will ask questions in an attempt to establish that the person meets the minimum standard for competency. Opposing counsel has the opportunity to cross examine. When this questioning is complete the judge will rule on whether the person may testify.
One example is the case of a young child being called as a witness. A voir dire hearing is frequently required to determine if children are competent to testify in court. Because of their age they may not understand the oath that witnesses normally take before testifying. Therefore the questioning usually focuses on whether the children know that it is wrong to tell a lie, or more specifically, whether they know that they will get in trouble if they lie. Since it is normal for young children to have vivid imaginations, they may also be questioned to determine whether they can distinguish reality from fantasy. For very young children, it may also be necessary to explore their vocabulary and ability to narrate the event in question.
Another example would be physically impaired person. Depending on the disability, the attorney who wants this witness to testify may also need to establish the person's ability to narrate. Some people who have had strokes lose the ability to speak and may be partially paralyzed. The voir dire hearing would focus on how to interpret the sounds and gestures that the person uses to communicate.
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