Motion to Determine Competence of Witness – Taint Hearing – Special Victims Unit

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Motions the Court to analyze the interview techniques of the interviewer to determine if they undermined the reliability of the complainant’s statements and testimony. The term “competency” refers to the minimal qualifications someone must have to be a witness. In order to be a witness, a person other than an expert (experts are a special case discussed later in the course) must meet seven basic requirements. When determining competency one of the primary questions taken into account is the person’s ability to make decisions in a legal capacity.

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Motions the Court to analyze the interview techniques of the interviewer to determine if they undermined the reliability of the complainant’s statements and testimony. The term “competency” refers to the minimal qualifications someone must have to be a witness. In order to be a witness, a person other than an expert (experts are a special case discussed later in the course) must meet seven basic requirements. When determining competency one of the primary questions taken into account is the person’s ability to make decisions in a legal capacity.

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