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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 case of alleged abuse by a schoolteacher. The child witness is 11 years old and testifies in a criminal trial. During direct examination, the prosecution asks several leading questions, and the court admonishes but the questioning continues. The court is also considering allowing the child to testify via a video-recorded session conducted in a separate room with a support person present to minimize trauma, and to pre-record the testimony before the trial. (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 employed. (c) Apply to the facts: determine whether the leading questions were improper, whether a video-recorded testimony is permissible and under what conditions, and what protective measures the court should impose to protect the child and ensure the reliability of the testimony.

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