Prosecution of D for child abuse on X, a three-year-old

Prosecution of D for child abuse on X, a three-year-old. The prosecution calls X and after establishing her name, asks her what happened on the occasion that is the subject of the prosecution. X hesitates and answers in a very soft voice that she doesn’t remember. The prosecutor then asks, “Weren’t you with D that day?” X answers, “I guess so. I’m not sure.” The prosecutor then asks, “Do you remember that D touched you a few times?” X answers, “Yes.” If D moves to strike X’s testimony, the court should:

a.grant the motion because X has not been shown to be a competent witness.

b.grant the motion because it is improper to lead a witness on direct examination.

c.deny the motion if it believes that the prosecutor’s questions are necessary to develop X’s testimony.

d.deny the motion if it believes that the prosecutor has reasonable grounds to state these facts to X.

2. Burglary prosecution. A witness testifies that he saw the defendant with the loot the day after the crime. On cross-examination, the witness is asked if he was drunk at the time. This cross-examination:

a. is improper because it is extrinsic.

b. is improper because it is not tailored to character for truth and sincerity.

c. is proper to impeach.

d. is improper because it is beyond the scope of the direct.

3. An insane person, even one who has been adjudicated incompetent, may testify, provided he understands the obligation to speak truthfully and possesses the capacity to give a correct account of what he has perceived in reference to the issue in dispute.

True

False

4. The bar to competency created by a Dead Man Act applies to civil and criminal cases.

True

False

5. Determining witness competency to testify under Rule 601 is different from determining a defendant’s competency to stand trial in a criminal case, which requires that the defendant have the capacity to understand the proceedings, consult meaningfully with counsel, and assist in his defense.

True

False

Collepals.com Plagiarism Free Papers

Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.

Get ZERO PLAGIARISM, HUMAN WRITTEN ESSAYS

Why Hire Collepals.com writers to do your paper?

Quality- We are experienced and have access to ample research materials.

We write plagiarism Free Content

Confidential- We never share or sell your personal information to third parties.

Support-Chat with us today! We are always waiting to answer all your questions.