Legal Question in Criminal Law in Florida

Re: competency

You could ask before the deposition, but the more common practice is for the judge to examine the child at the time of trial (but away from the jury) to determine if the child is competent. "Competent" means that the child is capable of effectively communicating to the jury (i.e., the child can talk or sign) and the child knows truth from lying. It's a pretty easy standard. Moreover, the judge is supposed to work toward making sure the child can testify. It's not a fair and impartial judgment. If it seems the child doesn't know the truth from a lie, for instance, the judge is supposed to work harder to show the child what a lie is, to make sure the child can testify.

It's actually the judge's job to try and make sure the child can testify.