INQUIRY QUESTION Inquiry Question

Inquiry Question

Q. Does age of a legal witness affect his or her competency?

Ans: The trial judge must determine “whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding, and whether he has a rational as well as factual understanding of the proceedings against him.” Careful scrutiny of this “test” for legal competence reveals several important features:

A defendant does not have to be completely competent. Only sufficient abilities are required (and these may vary with the complexity and demands of the case).

Adjudicative competence is concerned with present mental capacities. In ...