Lawintermediate
Arrange the steps a court follows when assessing and receiving the testimony of a child witness who is found competent to testify.
Answer
Assess whether the child has the cognitive capacity to understand questions and answer rationally, Assess whether the child understands the nature of an oath or the duty to speak the truth, Determine whether the child will give sworn evidence or unsworn evidence, Administer the oath or promise to tell the truth and receive the testimony
Explanation
The court first determines cognitive competence, then considers the child’s understanding of an oath. Passing the first test is essential; failing it means the child cannot testify. The oath assessment determines whether testimony is sworn or, in appropriate circumstances, unsworn. **Key takeaway:** The oath test follows—not replaces—the cognitive test. **Glossary:** Unsworn evidence: testimony not given on oath or affirmation.
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