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Childhood Witnesses Analysis

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In Chapter 7, the subject of childhood witnesses was briefly discussed as one of the methods that can be used to challenge the competency. A child witness is anyone who is under the age of 18 who is expected to testify about something he or she experienced, saw or heard. A competency examination regarding a child may be conducted only if the court determines, on the record, that compelling reasons exist. A child’s age alone is not a compelling reason. There are only certain peoples that are permitted to be present during the competency examination, those are: (1) the judge, (2) the attorney for the Government, (3) the attorney for the defendant, (4) a court reporter and, (5) a person whose presence is necessary for the welfare and well-being of the child, this may include the child 's attorney, child 's parent or guardian. A competency examination regarding a child witness shall be conducted out of the sight and hearing of a jury. Examination of a child related to competency shall normally be conducted by the court on the basis of questions that are appropriate age and developmental level of the child. Psychological and psychiatric examinations of the child can only be ordered if there has been presented a compelling need. Statutes and case law from various states mandate that …show more content…

Determining a child’s competency to testify in cases are not perfect, and the consequences of such a failure can be devastating.

18 U.S. Code § 3509 - Child victims’ and child witnesses’ rights http://www.nytimes.com/1994/06/03/us/prosecutors-rebuked-in-molestation-case.html http://www.pbs.org/wgbh/pages/frontline/shows/innocence/etc/other.html#7
Laurie Shanks, Evaluating Children 's Competency to Testify: Developing a Rational Method to Assess a Young Child 's Capacity to O er Reliable Testimony in Cases Alleging Child Sex Abuse , 58 Clev. St. L. Rev. 575 (2010) available at h p://engagedscholarship.csuohio.edu/clevstlrev/vol58/iss3/4
35 AM. JUR. PROOF OF FACTS 2D 665

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