9-9-09 - NY LAW Competence of Certain Witnesses in Crimninal Proceedings in New York Sate Courts

9-9-09 - NY LAW Competence of Certain Witnesses in Crimninal Proceedings in New York Sate Courts

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Nicole Lobascio <nlobascio@gmail.com> Angel: Competence of Certain Witnesses in Crimninal Proceedings in New York Sate Courts 1 message peter@tillers.net <peter@tillers.net> Wed, Sep 9, 2009 at 6:05 PM Reply-To: peter@tillers.net You received the following message in your Angel account. This mail message originated from Evidence - B. If you wish to respond, please do so using the ANGEL mail utility. From: Tillers, Peter Subject: Competence of Certain Witnesses in Crimninal Proceedings in New York Sate Courts To: All course individuals New York Criminal Procedure Law Section 60.20; Rules of evidence; testimonial capacity; evidence given by children. 1. Any person may be a witness in a criminal proceeding unless the court finds that, by reason of infancy or mental disease or defect, he does not possess sufficient intelligence or capacity to justify the reception of his evidence.
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Unformatted text preview: 2. Every witness more than nine years old may testify only under oath unless the court is satisfied that such witness cannot, as a result of mental disease or defect, understand the nature of an oath. A witness under nine years old may not testify under oath unless the court is satisfied that he or she understands the nature of an oath. If under either of the above provisions, a witness is deemed to be ineligible to testify under oath, the witness may nevertheless be permitted to give unsworn evidence if the court is satisfied that the witness possesses sufficient intelligence and capacity to justify the reception thereof. A witness understands the nature of an oath if he or she appreciates the difference between truth and falsehood, the necessity for telling the truth, and the fact that a witness who testifies falsely may be punished....
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This note was uploaded on 01/31/2010 for the course LAW 7330 taught by Professor Lushing during the Fall '05 term at Yeshiva.

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