OUJI-CR 13-20


You are instructed that [Name of Child] is a competent witness. His/her testimony is to be judged in the same way as that of any other witness.


[Name of Child] is not compelled to testify, and the fact that [Name of Child] did not testify cannot be used as an inference that [Name of Child] committed a delinquent act and should not prejudice him in any way. You must not permit that fact to weigh in the slightest degree against [Name of Child], nor should this fact enter your discussions or deliberations in any manner.

Notes on Use

The trial court should use the first alternative if the child did testify. The second alternative should be used if the child did not testify, and it is requested by the child. See Carter v. Kentucky, 450 U.S. 288 (1981). This Instruction is based on OUJI-CR 9-41 and OUJI-CR 9-44.