Trammel v. U.S., 445 U.S. 40 (1980).
Sample Solution
Witness Competency
The competency of a witness to testify is determined by their ability to:
- Understand: Comprehend the nature of an oath or affirmation.
- Observe: Perceive events through their senses.
- Remember: Recall events accurately.
- Communicate: Express their observations and recollections clearly.
Full Answer Section
Voir Dire:
The process of questioning potential jurors to determine their suitability for service is known as voir dire. This process can also be used to assess a witness's competency to testify. Attorneys may ask questions to determine the witness's qualifications, biases, or any potential conflicts of interest.
Privileged Communications:
Certain types of communications are protected by privilege, which prevents them from being disclosed in court. These include:
- Attorney-Client Privilege: Protects confidential communications between an attorney and client.
- Doctor-Patient Privilege: Protects confidential communications between a doctor and patient.
- Marital Privilege: Protects confidential communications between spouses.
- Priest-Penitent Privilege: Protects confidential communications between a priest and penitent.
Trammel v. U.S. and Jaffe v. Redmond
- Trammel v. U.S. (1980): This case addressed the issue of spousal testimonial privilege in criminal cases. The Court held that the federal common law privilege did not extend to testimony by one spouse against another in criminal proceedings.
- Jaffe v. Redmond (1996): This case established a federal common law privilege for communications between a psychotherapist and patient. The Court recognized that the confidentiality of such communications is essential for effective treatment.
Conclusion
The competency of a witness to testify is determined by their ability to understand, observe, remember, and communicate. Voir dire is used to assess a witness's qualifications and potential biases. Certain types of communications are protected by privilege, preventing their disclosure in court. The Trammel and Jaffe cases provide guidance on spousal testimonial privilege and psychotherapist-patient privilege, respectively.