A five-year-old child is the only witness to a car accident. The child gave a detailed account of the event during a pretrial interview, but the defense raises an objection on grounds that the child is too young to testify. What factors should the court evaluate to determine whether the child is competent as a witness?
Whether the child is willing to testify in court.
Whether the child’s testimony is consistent with pretrial statements.
The child’s age at the time the incident occurred.
The child’s ability to truthfully and accurately recall the event.
The correct answer focuses on the child’s ability to truthfully and accurately recall the event, which is the standard used to assess witness competency. Competency does not depend on age alone; rather, it requires evaluating the individual’s cognitive and moral capacity. The child’s willingness to testify or consistency of statements might affect credibility but not overall competency. Similarly, age on its own is insufficient to bar or permit a witness to testify.
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