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United States v. Allen J. | 127 F.3d 1292 (1997)

For over one hundred years, federal law has recognized that children as young as five may be competent witnesses in criminal matters. But how does the law determine whether a child witness is competent to testify? The Tenth Circuit addressed this question in United States versus Allen J.

Allen J was charged with sexually assaulting a twelve year old girl and was tried in a nonjury bench trial.

The prosecution called the girl to testify. At that time, the girl was thirteen years old.

Allen challenged the girl’s competency to testify and requested a hearing to evaluate her competency. Allen claimed that the girl had some learning disabilities, developmental delays, and poor verbal skills. A government worker who had interviewed the girl reported that she was able to communicate verbally. The district court determined that Allen hadn’t presented a compelling reason to believe the girl was incompetent to testify and declined to hold a competency hearing.

When the girl took the stand at trial, pursuant to Federal Rule of Evidence six oh three, the judge asked her whether she intended to testify truthfully, which was the equivalent of asking whether she would tell the truth, the whole truth, and nothing but the truth. The girl didn’t respond to the judge’s questions. However, after questioning by the prosecutor, the girl eventually verbally affirmed that she understood the difference between the truth and a lie, that she would tell the truth, and that she understood she could be punished for lying.

During her testimony, the girl gave some incorrect answers, such as stating her own age incorrectly, and some answers that didn’t make sense.

Allen was convicted of sexual assault, and he appealed to the Tenth Circuit.

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