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Can a minors information, statements and or testimony be used in a criminal case
Anonymous3 views5 answers
a friend is being charged with cultivating more than 25 plants of marijuana because his girlfriends child told a story in school about helping him grow medicine that can cure anything. The teacher realized it was marijuana and the school contacted police, and DCYS.
The police showed up at the residence and found the marijuana plants. My friend is being told the charges will be dropped since the information came from a minor.
Not necessarily true. The age and maturity of the child may be an issue but it is up to the trial judge to determine if the child is mature enough to know the difference between right and wrong and the requirement to be truthful when they speak. Usually, children under 5 are on the cusp but older children are different. In addition to the age issue, the court could allow the testimony with the understanding that the weight given the testimony is up to the jury.
Your friend should talk to his or her attorney about the issue and follow their advice.
L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
Your friend's lawyer may well move the court to rule that the police lacked probable cause to conduct a search. But the determination on that point will turn in part upon what the child said, whether consent was given to a search, or perhaps even whether the plants were in plain view of the police.
