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qazplm

(3,626 posts)

58. and all of that is answered

Sun Mar 29, 2015, 01:42 PM

Mar 2015

by the fact that we have procedures for young children to testify where they are not directly facing the accused (whether by CTC or a screen or what have you).

The idea that this was about either having the child testify in the physical presence of the accused or not testify at all is false.

So the idea that the judge declared the three year old incompetent to testify is somewhat problematic to me, because there should be a path by which we can ask this child questions in the least manipulative way possible.

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Should a 3-year-old child's testimony to his teacher (on child abuse) be admitted in court? [View all] dariomax Mar 2015 OP

This paragraph sums up my concern: Chemisse Mar 2015 #1

Difficult choice, eh? The possible victim is also an unreliable witness and not for any culpable.... marble falls Mar 2015 #2

I would think the child's words - which are totally spontaneous - would be the best evidence. Vinca Mar 2015 #3

At first the child said he fell dariomax Mar 2015 #7

Abused children (or even adults) are often intimidated and 'coached' by their abusers. Erich Bloodaxe BSN Mar 2015 #33

I always used to say I fell or that I walked into a door smirkymonkey Mar 2015 #40

Please read about the McMartin case and the Wenatchee witchhunt GGJohn Mar 2015 #16

How spontaneous were they? Chemisse Mar 2015 #35

Only if the kid... sendero Mar 2015 #4

I think the judge ruled appropriately. surrealAmerican Mar 2015 #5

The first thing he said was that he fell dariomax Mar 2015 #9

Probably not very. Igel Mar 2015 #10

Something that fell out of a rats ass > An asshole that hit a 3 year old in the face alphafemale Mar 2015 #6

Post removed Post removed Mar 2015 #11

Manhate? alphafemale Mar 2015 #12

Yes manhate. 99Forever Mar 2015 #13

Shame on a human piece of trash that has no defense other than bullying a battered baby. alphafemale Mar 2015 #18

Post removed Post removed Mar 2015 #19

That's not very nice. You called her a "manhater" out of the blue. boston bean Mar 2015 #25

Exactly! WTF? It's more like abusive, child beating asshole hater. smirkymonkey Mar 2015 #41

+1 nt Snotcicles Mar 2015 #43

Or this one. GGJohn Mar 2015 #21

For me, the worst will always be the Kellers. 2 decades of their lives...lost. ScreamingMeemie Mar 2015 #37

I just served on a jury for your post. I voted to leave it. boston bean Mar 2015 #15

lol...I was alerted? alphafemale Mar 2015 #20

Yeah, it was bait. got left to leave vote 4-3. boston bean Mar 2015 #22

I was on the jury, a bit shocked at the outcome. davidpdx Mar 2015 #23

Do you need a fainting couch? boston bean Mar 2015 #24

I'm on my bed so it wouldn't help me davidpdx Mar 2015 #27

Apparently, it's okay to directly violate TOS and use vile personal insults... 99Forever Mar 2015 #26

Well I think you can probably guess which juror I was davidpdx Mar 2015 #28

I do also. 99Forever Mar 2015 #29

The absence of juror comments indicates neither a lack of honor or scruples. Gormy Cuss Mar 2015 #45

I was on the jury. cwydro Mar 2015 #34

Really, you think the jury result was a case of misandry? boston bean Mar 2015 #30

Some people see misandry everywhere, smirkymonkey Mar 2015 #42

yes, holding all those positions of political power BainsBane Mar 2015 #56

Wow. Chemisse Mar 2015 #36

Sure. A 3 year old could never be misinterpreted, and a teacher would never make a mistake. n/t jtuck004 Mar 2015 #8

Of interest? MannyGoldstein Mar 2015 #14

If he claimed to be reincarnated, people would accept it as unquestionable truth. Orrex Mar 2015 #17

The only thing the teacher witnessed was... dariomax Mar 2015 #50

Well, yeah. Orrex Mar 2015 #51

How does an adult 'confront' a 3 year old? Erich Bloodaxe BSN Mar 2015 #31

Exactly. Asshole just wants the chance to bully the child. alphafemale Mar 2015 #32

So the teacher can badger the child... dariomax Mar 2015 #48

The defense likes the idea of a clinical setting outside of court dariomax Mar 2015 #57

Exactly. Chemisse Mar 2015 #38

So you don't trust the teacher do you? dariomax Mar 2015 #47

It's not my job to 'trust' anyone, but Erich Bloodaxe BSN Mar 2015 #53

1) it's hearsay. 2) "incompetent to testify" means what it says - an unreliable testimony. lumberjack_jeff Mar 2015 #39

Jury results, post #6 Lancero Mar 2015 #44

no direct contact, Skype the kid to the judge if absolutely necessary. elehhhhna Mar 2015 #46

Only if one wants to do something about child abuse BainsBane Mar 2015 #49

I don't know. LWolf Mar 2015 #52

and all of that is answered qazplm Mar 2015 #58

Regardless of LWolf Mar 2015 #60

Yes she is testifying to what the child told her. Kalidurga Mar 2015 #54

When I was in kindergarten (1971-ish) teenagebambam Mar 2015 #55

What if the mother, not the step-dad, beat the children? dariomax Mar 2015 #59