Can A Defendant in a Rape Case Make a Motion for a Mental Evaluation of a Witness?
Full Question:
Answer:
It is possible to make a motion for mental examination of a witness' competency, but the decsion to grant such a motion is in the judge's discretion. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. Psychiatric evidence and testimony as to the mental unsoundness of a witness (i.e., relating to a trait importing in itself a defective power of observation, recollection or communication), at or around the time of the trial or of the occurrence about which he is to testify, are admissible to impeach the credibility of a witness.
Please see the discussion of the issue in the following case law:
http://www.loislaw.com/advsrny/doclink.htp?alias=CTCASE&cite=419+A.2d+866