FRE RULE 601 (Competency)
All Witnesses are Competent
(Constitutional Restriction on Competency Rules)
Minimal Requirements:
- Appreciation / Comprehension of duty to tell Truth
- Minimally capable of observing, recalling, and communicating events.
Oath Requirement
603 requires witnesses to swear or affirm to the truthfullness of their testimony before testifying.
Rationale: Designed to Impress upon the witness the duty of testifying truthfully.
Mental Competency
Psychological problems do not disqualify a witness (as it did at common law).
- Psychological examinations may be ordered by the Trial court, but are rarely used.
Ability to Communicate
Witnesses my communicate using a variety of means, but where a witness’s DISABILITY precludes CROSS-EXAMINATION, they are disqualified from testifying.
Child Competency
Every person is competent to be a witness.
Children under ten may be examined through a voir dire examination. (some jurisdictions require it)
Closed Circuit Testimony
(Exception to the Right to Confrontation)
- Requires a Fact-Specific Inquiry into the potential for traumatizing a child witness.
- Fear of testifying in a large room in front of a jury is INSUF FICIENT.
VIDEO TAPE DEPOSITIONS
Allowed in some circumstances, but
CONTEMPORANEOUS COMMUNICATION BETWEEN DEFENDANT AND LAWYERS IS REQUIRED.
Dead Man Statutes
Disqualify a surviving party if the other party dies.
Competency of the JUDGE Rule 605
Disqualifies a judge from testifying in a trial over which they are presiding.
COMPETENCY OF JURORS RULE 606
Prohibits jurors from testifying in a case in which that juror is a member.
Impeachment of Verdicts and Indictments
RULE 606b
Jurors CANNOT testify about: - INTERNAL OPERATIONS or - THOUGHT PROCESSES OF JURORS DURING DELIBERATIONS. - applies to affidavits and testimony
Impeachment of Verdicts/ Indictments
Rationale
Promote freedom of deliberation, stability and finality of verdicts, protection of jurors from embarrasment / annoyance.
Internal Operations / Thought Processes Covered by the Rule
1) Any statement or incident during deliberations
2) the Effect of anything on a Juror’s vote
3) Mental processes concerning verdict.
EXCEPTIONS (Impeachment of verdicts)
Extraneous Information - introduced into the deliberation process. e.g. prior conviction discovered by a juror, not admitted.
Outside Influence: Jury Tampering.
Clerical Mistakes: mistakes in entering a verdict.
Substantive Grounds:
Competency of Attorneys
Attorney may be called in a case which the attorney is not acting as counsel. (Attorney Client Privilege Applies)
Mental Competency
Witness’s Ability to:
Observe
Recall
Relate
