Shonika Swift
New Member
- Jurisdiction
- Michigan
A child that was found incompetent to testify, can the officer that took his testimony testify on the stand in that incompetent childs place and if so can he be cross-examined?
Competency
- Thread Starter Shonika Swift
- Start date
army judge
Super Moderator
It depends.
Generally such testimony is considered to be "hearsay".
As I said, it depends because exceptions to the HEARSAY RULE do exist, and are allowed.
I suggest you discuss this with YOUR lawyer, and ONLY with your lawyer.
Generally such testimony is considered to be "hearsay".
As I said, it depends because exceptions to the HEARSAY RULE do exist, and are allowed.
I suggest you discuss this with YOUR lawyer, and ONLY with your lawyer.
adjusterjack
Super Moderator
Depends on why the child was found incompetent to testify and what the nature of the testimony is.
It's up to the judge to decide if the officer would be allowed to testify under any hearsay exception rule.
If the officer is allowed to testify, then it stands to reason that cross examination would be proper.
