Give example of a case involving a witness of a very young age
MacPherson - W was 4 at time of offence, 5 at trial
1 of 10
What did the court hold regarding W's competence in MacPherson?
Watch ABE interview + then question child to see if they understand questions/give comprehensible answers (even if child doesn't understand they are taking part in a trial)
2 of 10
Did the court hold that a judge should warn jury to consider child's young age in McPherson?
Yes
3 of 10
In which case did the court hold that jury should have disregarded all of the witness' testimony due to her incompetency?
Powell
4 of 10
What did Sed say about competence?
Doesn't require faultless performance
5 of 10
How was there a liberal understanding of competence in Watts?
Witnesses could use intermediaries and devices to communicate their answers (despite them being profoundly disabled)
6 of 10
What does Henderson say are the 3 main issues with current model?
Miscommunication of questions, suggestive questions, use of cross-examination to confront W (and to make comments)
7 of 10
Which purpose of cross-examination does Henderson allude to?
Purpose of determining evidence reliability
8 of 10
What does Henderson describe as a key change prompted by cases of (Barker, E, W and M, Wills)?
W is seen as a 'valued participant' rather than a 'puppet in a lawyers' participation'
9 of 10
What does Henderson describe as the focus now? (once it was what the advocate wanted to make of witness' evidence)
On what the evidence actually is
10 of 10
Other cards in this set
Card 2
Front
What did the court hold regarding W's competence in MacPherson?
Back
Watch ABE interview + then question child to see if they understand questions/give comprehensible answers (even if child doesn't understand they are taking part in a trial)
Card 3
Front
Did the court hold that a judge should warn jury to consider child's young age in McPherson?
Back
Card 4
Front
In which case did the court hold that jury should have disregarded all of the witness' testimony due to her incompetency?
Comments
No comments have yet been made