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Any witness may testify in a criminal trial, the competency would be determined by the cross examination. You would have to further define what you mean by "competent?"
Added: If the witness has previously been declared mentally incompetent by the court or by psychiatric exam, it is doubtful that the opposing attorney would even allow the individual to give testimony without challenging their status to the court.
What else can I help you with?
Does a mentally disabled person have to testify in court?
Generally speaking anyone can be asked to testify. Though someone can be ruled as medically or mentally unable or incompetent to testify.
Who does not have to testify in a criminal trial?
Yes AA Not in the United States
Can a disabled person get power of attorney over a parent?
If they are mentally competent, yes. Their disability does not disqualify them.
Can a person be compelled to testify against his brother in court during a criminal case?
Yes
Can a 72 yr person drive in Australia?
Yes. As long as a person is mentally and physically competent, and holds a current drivers' licence, he/she can drive in Australia.
Can PTSD vets own firearms?
Depends. There are Very different degrees of PTSD. If a person has been adjudicated as mentally incompetent, they cannot. Most vets with PTSD are very mentally competent.
What is the minimum age to own real property in California?
A person has capacity to contract if he has reached the age of majority ( in California, age 18 ) and is mentally competent. It is not necessary to be declared competent by a court, however.
In a criminal case is the accused person allowed to call upon the court to compel witnesses to testify on his or her behalf?
yes
Louisiana your husband had a stroke and his kids are trying to get power of attorney?
If the husband has become mentally incompetent as a result of the stroke, he would not be considered mentally competent to grant a power of attorney to anyone. A power of attorney that is granted during the time of one's incompetency would generally not be considered valid. If a person is mentally incompetent, an interested person could generally petition a probate court (in the county in which the mentally incompetent person resides) to have a guardian of the person and the property appointed.
What amendment give you the right not to testify against yourself?
5th amendment. "No person... shall be compelled in any criminal case to be a witness against himself."
How do you know you are competent?
When a person is competent, they have experience, knowledge, and skill. A person knows they are competent when they take on a task and complete it correctly.
What will the court issue if the person will not testify for a person?
A witness who does not wish to testify in a court action; with the permission of the court, can be treated as a hostile witness which gives the attorney's much more leeway in questioning them. In addition, the judge has the option of holding them in contempt of court and (if it is a criminal trial) the prosecutor can charge them with Obstruction of Justice.
