The following excerpt is from People of Territory of Guam v. McGravey, 14 F.3d 1344 (9th Cir. 1994):
7 I believe that the trial judge should have considerable latitude in formulating the exact language of a child-witness instruction in a manner that fits the particular circumstances of a given case, Barnes, 600 A.2d at 821; Commonwealth v. Avery, 14 Mass.App.Ct. 137, 437 N.E.2d 242, 246 (1982). However, any child-witness instruction should convey the fact that children are more suggestible than adults. It should also note that children may have difficulties separating recollection of an imaginary event from a real memory. An appropriate child witness instruction might read:
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.