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Questions tagged [testimony]

A formal written or spoken statement, especially one given in a court of law.

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USA: Can a witness take the 5th to avoid perjury?

Lawyer Alice is questioning witness Bob. Bob is not on trial, and no one has accused him of a crime. Alice demands Bob answer a particular question with either a "Yes" or a "no." Bob believes that doing so would mislead the court so greatly that he…
GridAlien
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What remedies can a witness use to satisfy the "all the truth" portion of their oath?

Hypothetical: A witness took an oath to tell the whole truth. The adversarial cross-examiner abruptly cuts off the witness's testimony in the middle of a statement, leaving the train of thought incomplete and possibly leading to a misunderstanding…
Mindwin Remember Monica
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What's stopping someone from saying "I don't remember"?

There are (at least) two problems possibly stemming from a person testifying in court: If they tell the truth, the testimony may have negative consequences they potentially don't like (which is the whole point of 5th Amendment, when the testimony…
user0306
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Is it a crime to testify under oath with something that is strictly speaking true, but only strictly?

In 1804, US vice president Aaron Burr killed former Secretary of the Treasury Alexander Hamilton in a duel. Wiki gives the following description of the events on the day of the duel. In the early morning of July 11, 1804, Burr and Hamilton departed…
Allure
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Can a defendant remain silent (invoke 5th amendment) during cross examination?

Suppose a defendant testifies at a criminal trial and is advised beforehand that the prosecution has a right to cross examine him. Suppose the defendant answers all of his lawyer's questions on direct examination. Would that defendant be able to…
Greg Schmit
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Is the jury informed when the person giving testimony has taken a plea deal in exchange for testifying?

In the film Law Abiding Citizen (2009) 2 men (Rupert and Clarence) are involved in a home invasion where the prosecution cuts a deal with Clarence in order to get Clarence to testify against Rupert during his trial. In such a situation Clarence will…
philn
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What is the penalty for a bad-acting witness/expert?

Say Alice from the defense/prosecution meets with Bob, some expert/witness, to establish some "facts", and then Alice agrees to call Bob to the stand to establish those "facts" for the court. But when called the the stand, Bob presents the opposite…
chausies
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Are leading-witness rules applied equally to prosecution and defence?

Preamble I'm a scientist, not a lawyer, so please excuse this if it's obvious. Background In watching the Chauvin trial, I've noticed that the defence lawyer tends to ask questions by stating the desired answer and then saying "right?". And,…
user37657
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Does gender affect the legal value of testimony in Islamic law and common law systems?

As an attorney familiar with Iranian law — a system largely influenced by Islamic jurisprudence — I understand that in many legal areas, the testimony of men and women is treated equally, while in certain specific cases, it differs. That said, my…
Behzad Rajaei
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Does immunity void the Fifth Amendment?

There's a scene in 'The Blacklist' where a character is being interviewed about having been subpoenaed to testify in front of a grand jury. His lawyer quickly jumps in to say that his client will be taking the fifth to every question that is asked.…
Ethan
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How literally do courts in USA interpret face to face confrontation right of defendant under sixth amendment?

I will soon be a major witness in a criminal trial of another in the USA. I was present at the scene and was asked by state to testify at criminal trial. The defendant is facing felony charges against the person and property (burglary) In meeting…
Anthony
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Is a judge's completely arbitrary determination of credibilty subject to appeal?

If a United States Federal judge credits critical testimony without fully explaining him or herself, is it subject to appeal? For example, suppose a judge awards an amount to the winning party because "I found witness C's testimony on X to be…
lgshost
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What would happen if one side in a trial called the other side's sole attorney to the stand?

Would they have to cross-examine themselves, and if so, how?
Purple P
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Difference between "not remembering having said" and "never having said"?

In the context of testifying about a claim made, what is the difference between these two constructs. "I never said that" "I don't remember saying that" You're being asked to recall something.
Evan Carroll
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Calling a judge as a witness in a case that the judge is presiding over?

I want to pose a question on the limits of a defendant's right to call people to testify at trial. Let's assume that a judge is conducting a trial (the sort of trial is irrelevant - it could be criminal, civil, family or traffic court even), and the…
Jon
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