Legal Question in Criminal Law in New Jersey
rules of evidence
3 year old boy's interview on video tape used to put a 15 year old boy in custody for suggested aggravated sexual assault.Can the 3 year old boy's testimony be used in court if it goes to trial?
2 Answers from Attorneys
Re: rules of evidence
If 3 yr. old is alleged victim, that may be the only testimony the prosecution has available to prove its case. They will fight very hard then to keep that testimony from being disqualified. But usually testimony from such a young witness is unreliable. A defense attorney may be able to prevent that testimony from being used; these cases are fact sensitive however. Call 201-646-9799 for consultation.
Re: rules of evidence
Maybe. A motion needs to be filed to preclude the 3 year old's testimony as incompetent based on his age. A decent argument in light of the very young age but very fact-dependent. [email protected]
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