Eyewitness to have seen the commission of the felony

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Question

The key witness in the prosecution's case against the defendant is the only eyewitness to have seen the commission of the felony for which the defendant is being charged. The witness, a recent immigrant, has a total hearing impairment and is mute. In addition, the system of "signing" for the deaf is different in the witness's country of origin from the method used in the United States. The only person in the county conversant with the witness's signing method is a clerk in the county prosecutor's office. The clerk had assisted the police in their questioning of the witness prior to the defendant's arrest, and also when the witness identified the defendant in a lineup. Should the court allow the witness to testify using the clerk as an interpreter? Group of answer choices Yes, because the clerk is qualified. No, because as a result of her employment and previous activities, the clerk is inherently biased. No, unless the clerk discloses to the jury her employment and previous activities in this case. Yes, if the clerk takes an oath to make a true translation.

Reference no: EM133574445

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