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Chapter 5 Witnesses and Competency 109 ons Consider the following hypothetical situation. Maria is a six-year-old Native American child. She lives on a reser- vation

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Chapter 5 Witnesses and Competency 109 ons Consider the following hypothetical situation. Maria is a six-year-old Native American child. She lives on a reser- vation in the Southwest. She was sexually molested by Enrique, another Native American who lived on the reservation. Enrique was charged in Federal Court for child molestation. (Federal law governs this matter.) 1. Is Maria competent to testify? 2. Assume that Maria is unable to accurately describe what occurred at the time she was molested. Does this make her incompetent to testify? If not, what is the consequence of her inability to accu- rately describe the incident? situation

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