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Chapter 7 Competency and Credibility

Chapter 7 Competency and Credibility. Competency:. A witness is properly able to take the stand and give testimony in court. Competency is the second test for the admissibility of evidence. Presumption: all witnesses, regardless of age, are presumed competent to testify.

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Chapter 7 Competency and Credibility

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  1. Chapter 7 Competency and Credibility

  2. Competency: • A witness is properly able to take the stand and give testimonyin court. • Competency is the secondtest for the admissibility of evidence. • Presumption: all witnesses, regardless of age, are presumedcompetent to testify. • Burden of proof falls to the sideopposing the witness (prosecution or defense) to prove incompetency.

  3. Tests for Competency: 1) ability to observe & perceive. 2) ability to recall and narrate. 3) ability to understand the duty to tell the truth. Note: when challenged, determined through voirdireexamination (see text for examples).

  4. Witnesses with Possible Competency Problems: 1) YoungChildren: in CA, a child of any age can testify. However, the younger the child, the more likely the child will be unable to meet the three prong test for competency. 2) Senility: of one’s mental faculties have deteriorated with age or disorder, i.e., senile dementia or Alzheimer’s disease, a person could be proven incompetent to testify.

  5. CHILD WITNESS • child was an eyewitness as he watched his mother being systematically tortured to death by his father. • for two days, (d) repeatedly beat her with a golf club, baseball bat, a chunk of wood, and stabbed her with scissors.

  6. CHILD WITNESS • 4 year old witnessed his father stab an 18 year old photo booth employee to death during a robbery. • “I saw him stick a knife into her stomach and she yelled very loud!”.

  7. 3) PhysicallyHandicapped: a blind or deaf person is limited in the type of testimony that he/she can give. 4) MentalDefector Disorder: persons who are mentally incapacitated or insane persons are not competent witnesses. Note: a developmentally disabled person can be a competent witness if he/she can meet the 3 prong test.

  8. 5) ForeignSpeakingPersons: may not be able to narrate in English. The law provides for the appointment of a qualified interpreter. 6) HypnotizedPersons: in CA, persons who have been hypnotized are incompetent to testify as to any information recalled during or after hypnosis. Note: investigators can use facts recalled under hypnosis to investigate.

  9. Credibility: is the weight given towitnesstestimony by the trier of fact (the believability of the testimony). CA Jury Instructions direct the trier of fact to weigh the credibility of a witness’s testimony according to: • The length of time the witness had to observe the alleged criminal act and suspect • The stress, if any, to which the witness was subject at the time of the observation (see text for more).

  10. Impeachment: to attack the credibility of a witness. Accomplished either by: • Cross or re-cross examination • Introduction of rebuttal evidence Common Grounds for Impeachment: • Physical / mentalstate of the witness: affects the ability of a witness to accurately recall, communicate, etc. • Bias, Interest, or Other Motive: normally the witness testimony must be corroborated with other evidence.

  11. FinancialInterest: a witness may financially benefit from a guilty verdict. • Relationship to a Party in the Case: Family member, fellow gang member • Priordeclarations of hostility by the witness • Character Evidence: • general reputation (pro or con) for truthfulness, honesty, etc. • prior felony conviction involving moral turpitude or willingness to do evil.

  12. 4. Manner of Testimony: • Prior inconsistentstatements or testimony • Bias or demeanor of testimony towards the prosecution or defense • Admission of untruthfulness • Conduct of an investigation

  13. Rehabilitation: to restore or bolster the credibility of a witness and it takes place either: • During redirectexamination – by bringing in new facts or clarifying answers from previous testimony • By introducing corroboratingevidence through another witness which reinforces prior testimony

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