Witnesses.Handout_No._1 - A Sad. Q And you wouldn't want...

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Witnesses: Handout No. 1 Evidence – Prof. Tillers Was the below examination proper or improper? The interrogation took place during a criminal trial for “aggravated sexual abuse” of a minor. The interrogator was the prosecutor. The person interrogated was the alleged victim [A.C.], who was seven years old. Q [A.C.], do you ever say your prayers? A Yes. Q Do you know who you pray to? A Yes. Q Who do you pray to? A Heavenly Father. Q Do you know where he lives? A Yes. Q Can you show us where he lives? Do you know? A Yes. Q Is it in heaven? A Yes. Q Now, do you want to make Heavenly Father happy? A Yes. Q Do you think if here today with your friends and the people you have just met today, do you think that Jesus and Heavenly Father would be happy or sad if you tell a lie?
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Unformatted text preview: A Sad. Q And you wouldn't want Jesus to be sad, would you? A No. Q [A.C.], will you promise to me and to the judge and all of our friends here today that everything you tell us today here in court will be the truth? A Yes. Q Do you promise you won't tell us any lies? A I promise. The jurisdiction in which the case is tried has rules of evidence that are, in all pertinent respects, the same as the Federal Rules of Evidence except that the jurisdiction also has a rule that provides, "A child victim of sexual abuse under the age of ten is a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding." Does this additional rule affect your answer to my question at the top of this page? Why (not)?...
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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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