CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Competency of Witnesses
......Age
.........In General
 9 Cards On This Topic:
  • Every person is qualified to testify, irrespective of age.
  • Court did not err in refusing D's CALJIC 2.20.1 request re C's credibility where C did not testify and instruction inapplicable.
  • Testimony of very young witnesses may be credible; credibility is for trial ct. to judge, not appellate court.
  • Objections to competency of minor witness must be made to trial court; minor competent despite inconsistencies and possible coaching.
  • Like CALCRIM 2.20.1 before it, CALCRIM No. 330 does not instruct jury to subject child's testimony to a less rigorous credibility determination, nor excessively inflate child witness's credibility.
  • CALJIC 2.20.1 does not improperly bolster child witness' credibility and is constitutional.
  • Approved manner of challenging credibility of young witnesses.
  • Determination of child's competency relies not only on child's words, but demeanor as well. Court's determination of child's competency will be upheld when supported by substantial evidence.
  • No distinction made between competence of young children and that of other witnesses.


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