1) The voir dire of a young child whom one of the parties seeks to use as a witn
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1) The voir dire of a young child whom one of the parties seeks to use as a witness is a series of questions to determine whether the child has the perception, memory, and ability to testify as a witness in that case. Develop a list of issues you could envision using to determine whether to allow a child to testify. What guidelines would you have in place to ensure that children were able to be competent, reliable and truthful as a witness?
2) In everyday life, we judge other people not only by what they say but also to some extent by their appearances and their conduct. Do you feel that the demeanor of witnesses can and does affect the outcome of a trial? Why or why not? Do you feel it is possible for a witnesses’demeanor to affect his/her credibility while testifying? If so, could not this be used as a tactic by either the prosecution or defense to strengthen their case?
3) The Fifth Amendment privilege against self-incrimination is the only privilege that has been incorporated into the U.S. Constitution and many state constitutions. All other privileges exist only in statutory or common law. Make at least three points that agree or disagree with the following statement. “The Fifth Amendment right against self-incrimination hinders the finding of truth.”
4) Under the attorney-client privilege, the privilege applies when a client discloses past wrongdoing to the attorney. For example, if a client told his/her attorney that they had committed a sexual assault a year ago, which was unrelated to the current case, the attorney would not be legally obligated to report this crime to authorities. Do you feel that this privilege should extend to such circumstances? Why or why not? Come up with at least reasons for and against this privilege.