Abstract
Witness testimony of the elderly is a topic of growing importance in U.S. courts. Because the number and proportion of older persons in the United States is growing, it is likely that more elderly people will be called on to provide witness testimony. This chapter examines the types of challenges specific to the geriatric witness in the courtroom. It reviews the elements of competency to serve as a witness in federal and state courts; challenges facing elderly witnesses, including neurocognitive disorders and sensory impairments; and the literature on perceptions of credibility and the geriatric witness and the ability of individuals with dementia to testify meaningfully. Case law pertaining to protection of elderly witnesses, specifically Crawford v. Washington and United States v. Campbell, are discussed as they relate to the geriatric witness. The 2011 New Jersey Supreme Court decision of State v. Henderson is examined as well. This decision addresses the science of memory as it relates to eyewitness testimony. Henderson led to revisions of admission of eyewitness identification evidence and juror instructions. The elderly expert witness is also discussed.
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