4 year old testifies in court


Should 4yr old testify in court?

  • Yes 4yr old should testify

    Votes: 2 25.0%

  • No 4yr old should not testify

    Votes: 6 75.0%
  • Total voters
    8
short_1

short_1

Grown & Sexy
I just can't grasp this concept. I am watching the news & there was a child that was murdered last year. The toddlers brother was a witness to this murder & at the time of the murder the brother was 3. Well this murder is in court & the brother is now 4 & the courts want to put him on the stand to testify. I have a son who will be 4 in a few days & I'm sorry but I just can't see him testifying to anything & I am sure his dad wouldn't go for it either. I can't even see how this little boy's parents could even allow this to happen or even the judge for that matter. Its just too much for a child to go through in my opinion. Do you all think that this 4yr old should take the stand & testify in his older brothers murder trial?:confused:
 
Well...I personally think the fact that he WITNESSED the murder is a lot more traumatizing than testifying about it.

I mean, he's 4....swearing him in won't do any good! :lol:
A kid that age can switch up the story in a minute, so you can't really hold them accountable...especially since it was a year ago. ;)

If you think about it, actually recanting the whole ordeal and being able to express that may actually be therapeutic for the kid in the long run because that incident is probably something that he'll never forget.


But no...I don't think it will harm the kid...:cool:
 



I am against. Adults can't even give an undistorted account. A 4 year old can't, and why possibly damage thier mental state.
 
Hell NO, shouldn't no 4 yr. old be testifying in court. That's ridiculous. Mane, peeps these days, I tell ya. :smh:
 
Originally posted by unknown1
Would you rather let the murderer go free?
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exactly!


I mean...it's the ADULTS who are traumatized from recanting bad happenings.

If a child that young keeps all that stuff bottled up without any means of release...it's gonna be big trouble for the rest of his life.

Think about...


He doesn't have to be drilled, but asking him simple questions about what he remembers isn't gonna hurt him.
Hell, y'all wanna do him like OTHER folks try to do...."protect" him from things. :rolleyes:

But what exactly would this be protecting him from???? :xeye:

And if his telling HIS story may possibly help solve this...why not????? ;)
 
Originally posted by Dtown Jag
Hell NO, shouldn't no 4 yr. old be testifying in court. That's ridiculous. Mane, peeps these days, I tell ya. :smh:
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Please....TELL US! :D
 
C'mon folks, we're talking about a kid who hasn't even started kindergarten. No way should he be put on the stand. How could the adults even think a kid that age would be competent enough to give reliable info from a crime that occured when he was 3?
:tdown: :tdown: :tdown:
 
I'm not saying that what he says should be treated as gospel..but getting an indicattion of what he saw in his own words may help the case!

I mean, dang...y'all actin' like we want them to "Perry Mason" the lil dude or something...:lol:

Just allow him to talk...
 
And if he makes incriminating statements against the defendant, the defendant's attorney could shred the validity of a 4 year old's testimony.

Bottom line, if the prosecutor has to rely on the testimony of a 4 year old, then his case must be weak as water!

Leave that kid alone.
 
I can see the defense attorney now...............

DA: Son, did you wet the bed when you were 3?

Kid: No.

DA: Are you sure?

Kid: Yes.

DA: Your honor, I would like to book this as exibit G (holding up pee stained sheets).

DA: So, your honor. You can tell that this kid can not hold the truth or water. I rest my case.
 
See?...that ain't right!

Originally posted by Blacknbengal
I can see the defense attorney now...............

DA: Son, did you wet the bed when you were 3?

Kid: No.

DA: Are you sure?

Kid: Yes.

DA: Your honor, I would like to book this as exibit G (holding up pee stained sheets).

DA: So, your honor. You can tell that this kid can not hold the truth or water. I rest my case.
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You stupid!!!

:lmao:
 
There must be more evidence or testimony in the case than relying on a 4 yr. olds statement. The main issue that would stick in everyones mind is validity of his statements.
 
He was a witness to a murder!!! Now come one. If a close family member was murder would you rather let him/her be free or take a chance with the 4 year old witness. They are not torturing the boy...come on guys, some let their four year old listen to hardcore rap and watch all types of tv shows...what is a little questioning going to hurt.
 



GOTDAYUM!!!!!!

Originally posted by Blacknbengal
I can see the defense attorney now...............

DA: Son, did you wet the bed when you were 3?

Kid: No.

DA: Are you sure?

Kid: Yes.

DA: Your honor, I would like to book this as exibit G (holding up pee stained sheets).

DA: So, your honor. You can tell that this kid can not hold the truth or water. I rest my case.
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*Trying to stop rolling on the flo laughing at this....* Now why in the hell did I start rolling as soon as I read the first line of this reply?!?!?!?!:lmao: :lmao: :lmao: :lmao: :lmao: :lmao: :lmao: :lmao: :lmao:
U know u are not right at all.....but it was hella funny!!!!!

Now back to the issue at hand. :cool:
 
Lawd have mercy,

I guess some of you would give "govt" the authority to do anything they want to if they got an unsolved murder on their hand.

This is ridiculous. We're talking about a baby who at the age of 3 (36 months) saw his brother get killed. And you people think this kid can get on a witness stand and reliably convey what he saw.

This is asinine!!!!!!!

At the age of 3, can a kid even tie his shoes?
 
The prosecution must be pretty desperate. Relying on a 4 year old recollecting something that happened when he was 3 is downright desperate. The defense attorney is gonna do that kid worse than Beans posted.

BTW, LMAO @ Beans. :lmao: :lmao: :lmao:

I recently had a bench trial where the prosecutions main witness was a 9 year old. We examined him in the judge's chambers, and not in open court. And I had that kid saying some wild stuff. I'd just give the judge a sideways glance like, "and you think this bad azz kid ain't lying about this???" My client ain't going to jail behind that one.
 
I am just not understanding why some of you think that this little kid should take the stand. I don't really think that him not taking the stand is any means of him supressing what happend because he has already told authorities what he saw happend( & by the way...the suspected murder is trying to say that this boy smothered his younder brother yeah right!) But I don't think that he would be a reliable witness,hell my son can't remember what he had for lunch today at school!!!! Now I know damn well this boy can't remember what happend 1 year ago..I can't even some things that happend 1 year ago & I am a grown arse woman! This just isn't koshier to me to allow this little kid to take the stand!!! HELL LET THAT LIL BOY GO TO SCHOOL!!! He's missing a day of recess because he had to be cross examined :rolleyes: :rolleyes: pulezze!!!!
 
on the floor

Originally posted by Blacknbengal
I can see the defense attorney now...............

DA: Son, did you wet the bed when you were 3?

Kid: No.

DA: Are you sure?

Kid: Yes.

DA: Your honor, I would like to book this as exibit G (holding up pee stained sheets).

DA: So, your honor. You can tell that this kid can not hold the truth or water. I rest my case.
Click to expand...


HELP ME :lmao: :lmao: :lmao: :lmao: :lmao: :lmao:
 
A 4-yr old shouldn't testify in open court. The cross examination would be too easy.

But what could happen is this: The Prosecution (or Defense) could make a motion requesting a taped deposition or testimony. The judge could then issue an order establishing guidelines for the testimony. The prosecution and defense could submit several questions, and the judge would compile the questions (to ensure impartiality), and then the judge him (her) self could meet with the child(alone or with the parents present), and ask the questions. The child would answer the questions, and the judge would only ask follow-up question, to clarify answers already given. The judge would not make any presumptions. The session could be taped, and then played in open court. But both sides would have to agree beforehand, not to argue the answers given.

It's happened in cases before, wher small children have to called to testify.

That's the only way to get the testimony, and NOT traumatize the child.

Let the child testify, if his (her) testimony is the 'hinge' on which the case rests.....

:smh:
 
News @ 9 & 10

Trust me I will be watching the news tonight to see the outcome of this one. When I got in this evening I caught some of the 6o'clock news & they were saying that the 4yr old took the stand today so I will post tonight what the media said about this testimony.
 
Originally posted by Taylor-Made'90
A 4-yr old shouldn't testify in open court. The cross examination would be too easy.

But what could happen is this: The Prosecution (or Defense) could make a motion requesting a taped deposition or testimony. The judge could then issue an order establishing guidelines for the testimony. The prosecution and defense could submit several questions, and the judge would compile the questions (to ensure impartiality), and then the judge him (her) self could meet with the child(alone or with the parents present), and ask the questions. The child would answer the questions, and the judge would only ask follow-up question, to clarify answers already given. The judge would not make any presumptions. The session could be taped, and then played in open court. But both sides would have to agree beforehand, not to argue the answers given.

It's happened in cases before, wher small children have to called to testify.

That's the only way to get the testimony, and NOT traumatize the child.

Let the child testify, if his (her) testimony is the 'hinge' on which the case rests.....

:smh:
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I like your thinking, but I'll be damned if I'll agree to submitting questions for the judge to ask. Naw, bud. My client has a right to confront his accusers and witnesses against him. And it can't be done properly with an "impartial" judge holding his hands during the examination. That kid would be admitting that Shaggy from Scooby Doo commited the murder.
 
4 year old on the stand? You bet! I have put 6 year olds on the stand to testify. It is up to the finder of fact to evaluate the testimony of a child witness, or any other witness. And its a murder case? What is wrong with yall? Wouldnt let your child testify. hmmph. Then you would sit in the County Jail, and the child would testify anyway.

You think a defense attorney would shread a 4 year old? Not so fast my friend. The Jury would hate that attorney for it and send the defendant to the electric chair. I have seen 4 year olds that were a lot sharper than some people in college. If the child can point at billy joe and say billy joe killed Bobby, you would be a fool not to put that evidence on. I still remember some stuff from when I was 4, and nothing as tramatic as my brother getting smothered happened to me.
 
Spoken like a true prosecutor. :rolleyes: :rolleyes: :rolleyes:

JST,

There's a big difference between 6 and 4. And this happened when the boy was 3. And you ain't gotta be brutal to the kid to have his lil ass testifying the loch ness monster was the murderer.
 
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