In a criminal trial, the defense seeks to call a witness who has a diagnosed severe cognitive impairment affecting memory and comprehension. The prosecution objects, arguing the witness is not competent to testify. What must the court evaluate to determine the witness's competency?
Whether the witness's testimony is highly relevant to the case.
Whether the witness has been granted immunity from prosecution for their testimony.
Whether the witness can understand the duty to tell the truth and can communicate their observations.
Whether the witness possesses personal knowledge about the events in question.
The court must evaluate whether the witness can understand the duty to testify truthfully and communicate their observations effectively. Competency focuses on the witness's mental ability to fulfill their role, not on the relevance or materiality of their testimony.
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