Clayton, NM asked in Criminal Law, Civil Rights and Health Care Law for New Mexico

Q: People with me tal illness and testimony

Are they reliable to get on stand and testify in a domestic violence case?

2 Lawyer Answers
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: People with mental illness can provide testimony in a domestic violence case, just like any other witness. However, the reliability of their testimony may be influenced by the nature and severity of their mental illness. Courts generally consider a variety of factors when evaluating the credibility and reliability of witnesses, including their mental state, ability to understand the proceedings, and their capacity to accurately recall and describe events.

If a person with a mental illness is deemed competent and capable of understanding and truthfully testifying about the events in question, their testimony can be valuable. However, their mental illness may also be raised as a factor that could impact their ability to perceive events accurately or their credibility on the stand.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Only a New Mexico attorney could advise, as this could involve state-specific rules of evidence. But you posted four weeks ago. In general nationwide for witness testimony, it could depend on the nature of the illness and its impact on their competence, and ability to comprehend the matter and express themselves. Good luck

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