## Facts

- Karl Allen was a U.S. Air Force driver assigned to transport preschool children.
- The United States charged Allen at a general court-martial with sexually abusing several children who rode in his vehicle.
- One alleged victim was R., a four-year-old girl.
- At trial, the government called R. as a witness.
- Before allowing R. to give substantive testimony, the government questioned her in a manner intended to impress on her the duty to tell the truth.
- After this questioning, R. stated that she would testify truthfully.
- The military judge found R. competent to testify.
- Allen was convicted by a general court-martial.
- Allen appealed to the United States Air Force Court of Military Review, challenging, among other matters, the ruling that R. was competent.

## Issues

1. Whether the military judge abused discretion by finding a four-year-old child competent to testify after an inquiry into her understanding of the duty to tell the truth.

## Decision

- The United States Air Force Court of Military Review upheld the military judge’s competency ruling for the four-year-old witness.
- The court affirmed Allen’s conviction, finding no reversible error in admitting R.’s testimony.

## Legal Principles

- Witness competency is a preliminary question for the military judge.
- A child is not automatically disqualified from testifying because of age; the question is whether the particular child can understand and communicate.
- In determining a young child’s competency, the judge may consider whether the child can distinguish truth from lies and recognizes an obligation to tell the truth in court.
- Appellate review of a competency determination is highly deferential; the ruling will not be overturned absent an abuse of discretion.
- Limits in a young child’s memory or detail generally affect the weight of the testimony rather than its admissibility.

## Conclusion

United States v. Allen, 13 M.J. 597 (A.F.C.M.R. 1982), held that a military judge did not abuse discretion by permitting a four-year-old alleged victim to testify after questioning showed she understood she must tell the truth and agreed to do so; the Air Force Court of Military Review therefore affirmed the conviction.


United States v. Allen, 13 M.J. 597 (1982)