Or, I should say at which level of mental disability is the cut-off?
2006-12-26 11:05:29 · 3 answers · asked by I want my *old* MTV 6 in Politics & Government ➔ Law & Ethics
This a very grey area. Thoundands of factors may have to be considered. It boils down to are they compent about this one thing this one time.
2006-12-26 11:10:32 · answer #1 · answered by Sid B 6 · 3⤊ 0⤋
There is no hard and fast cut-off. It's determined on a case by case basis. It not only depends on the level of mental retardation but also on what it is the person will be testifying to.
For instance, even if one is mentally retarded, it is still conceivable that he or she can tell you what color car was leaving a crime scene, on what day of the week certain events occurred, etc. Likewise, one of limited mental capacity might not be able to testify as to more complicated matters.
It really depends on the leval of the handicap and the nature of the testimony. Without more information, there is no way to properly answer this question.
2006-12-26 11:12:55 · answer #2 · answered by Anonymous · 1⤊ 0⤋
If the judge in a hearing beleives that the person can tesify honestly, anyone can testify, there is a big difference between handicapped and incompetent.
2006-12-26 11:10:38 · answer #3 · answered by Anonymous · 1⤊ 0⤋