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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Under A.M. No. 04-07-SC, discuss the proper examination of a child witness. In a criminal case involving alleged abuse by a family member, a 9-year-old child testifies. During direct examination, counsel asks several leading questions, the court admonishes but the questioning continues. The court also contemplates allowing the child to testify via video-recorded testimony with a support person present, to minimize trauma. (a) Identify the controlling doctrine and the permissible form of direct examination for child witnesses under A.M. No. 04-07-SC. (b) Distinguish the standard for direct examination from cross-examination in this context and name the safeguards that should be used. (c) Apply to the facts: determine whether the leading questions were improper, whether a video-recorded testimony is permissible, and what protective measures the court should impose to protect the child and ensure reliable testimony.

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