According to Ohio law, which age group is presumed incompetent to testify?

Under Ohio law, children under the age of 10 are generally presumed incompetent to testify in legal proceedings. This presumption is in place because the legal system recognizes the cognitive and developmental limitations that younger children may experience, which can affect their ability to understand the nature of an oath and the obligation to tell the truth.

This age threshold serves to protect children from being placed in potentially intimidating or confusing situations where they may not fully grasp the implications of their testimony. If a child is older than 10, they may be subject to evaluation to determine their competency on a case-by-case basis, considering factors such as their communication skills and understanding of the situation.

Understanding this presumption helps clarify how courts might approach the testimony of younger witnesses and ensures that the integrity of the legal process is maintained while also being mindful of the developmental stages of children.