Can a physcological test be requested on person claiming to have been kiddnapped that is currently in jail for being arrested for drug possession at the time police located the suppoosed victim and also as month later same charges vic tim was arrested for possesion ch as rges. What effect does that have at trial if supposed victim was cound to be compentintant or whatever term used for not compintant. I apologize if spelling is not correct.
The standard for incompetence to face trial as a defendant is different than the standard for competence to testify as a witness. Typically you would not be able to compel a psychological exam of a victim or witness.
In terms of the arrest history, felony convictions and convictions for crimes of dishonesty are admissible to attack the credibility of any witness in a criminal case.
I agree with Lori. There is a statute on point describing the competency standard for a defendant in a criminal case. I don't believe the court has the authority to compel psychological testing on a potential witness/victim in a case.
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