List the four elements of witness capacity, and give an example of how each could aid in the impeachment of a witness.
What will be an ideal response?
The four elements of witness capacity are: 1) perception; 2) memory; 3) narrative ability; and 4) sincerity. Perception could be attacked if the witness usually wears contact lenses or a hearing aid and on the occasion of the events testified to he or she did not, or used drugs, or drank alcohol. Memory could be challenged if the event occurred several years before the witness testified, or if the witness was very young or very old. Narrative ability would also affect witness capacity if the witness has a disability or was very young or very old. Sincerity can be attacked if, for example, his or her testimony at trial is at odds with his or her prior testimony or past conduct.
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