Lawadvanced
Explain why competency and compellability must be analyzed separately when deciding whether a person can be required to give evidence.
Answer
Competency concerns whether the person is legally fit to testify, especially whether they can understand questions and give rational answers. Compellability concerns whether the law can require that competent person to attend or testify. A competent person may fall within an exception to compulsion; an incompetent person cannot properly be compelled to testify.
Explanation
A sound analysis asks two different questions: first, whether the person can lawfully provide evidence; second, whether the law requires that person to do so. The distinction prevents a court from treating fitness to testify as automatically creating an obligation to testify. **Key takeaway:** Determine competency first, then consider compellability and any applicable exception. **Glossary:** Competency: legal fitness to give evidence. Compellability: legal duty to attend or testify.
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