30 votes
Accepted

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

Your ability to assert your Fifth Amendment right against self-incrimination is not limited to cases where you are on trial or have been accused of a crime. Your ability to assert that right is also ...
  • 170k
29 votes

Are leading-witness rules applied equally to prosecution and defence?

This is normal. It only seems imbalanced because only the prosecutor has been able to call witnesses so far. Under Minnesota Rule of Evidence 611: Ordinarily leading questions should be permitted on ...
  • 46.5k
24 votes

What is the penalty for a bad-acting witness/expert?

The first thing to keep in mind is that, before appearing on the stand, an expert witness will have given a sworn deposition and delivered a written report of his or her findings. They could expect ...
  • 2,051
13 votes

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

This really depends if Alice's questions are during Direct Examination or Cross Examination. If direct, Alice called Bob to the stand and Bob is testifying to his account of the events in support of ...
  • 17.6k
11 votes
Accepted

Is it appropriate for an expert witness to meet and have dinner with the legal team? Do you need to disclose that in a report?

It is common for a legal team, particularly in a major case, to meet with a potential expert witness before hiring that witness.. It is also common for the team to meet with such an expert as ...
8 votes
Accepted

How should I prepare in terms of dress and language to testify at a bail hearing?

What are the things that I should prepare for this session, in terms of order of dress, language, content? Dress In an actual court room, suit and tie is preferred for men and formal dress for ...
  • 145k
8 votes
Accepted

Does public denial of statements made under oath have legal consequences?

Will he break any laws by saying that (assuming the actual truth cannot be found out)? The statement made outside the courtroom is not itself perjury, since it is not made under oath. But that ...
  • 145k
7 votes

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

TLDR: the 5th Amendment is big dynamite, almost entirely made of unintended consequences. There are much better ways to do this. Anyway, Bob swore to tell the truth, the whole truth, and nothing but ...
7 votes

Can you be convicted based on the testimony of the victim alone?

Yes. The jurisdiction I am familiar with is England and Wales. Conviction requires evidence (witness testimony is evidence) which proves the case "beyond reasonable doubt". It is open to the jury ...
7 votes
Accepted

Could jury instructions reasonably be viewed as a kind of expert witness testimony?

No. There is a clear distinction between: evidence (or testimony), which consists of statements of fact given by witnesses on oath (subject to prosecution for perjury), governed by the rules of ...
  • 3,981
7 votes

What is the penalty for a bad-acting witness/expert?

The question is based on a false premise, that one side or the other can proffer random "experts" to offer "facts" that bear on a trial. Instead, a person can only testify to an ...
  • 170k
7 votes

Isn't it a clear conflict of interest that expert witnesses are paid/compensated handsomely for their testimony?

No Experts’ time is valuable. Courts would not be able to get qualified experts to testify if they were not compensated. As per your previous question, the crucial point is that they are paid to ...
  • 2,051
5 votes
Accepted

Why did Judge William H. Leery III refuse to have Jeronimo Yanez's testimony re-read to the jury?

The judge's instructions state: You have been allowed to take notes during the trial. You may take those notes with you to the jury room. You should not consider these notes binding or ...
  • 170k
5 votes
Accepted

What is the opposite of argumentative?

The word argumentative can mean a number of things. However, when defined as in the passage quoted from Wikipedia, it is not the opposite of 'conciliatory.' It has nothing to do with whether the ...
  • 3,981
5 votes
Accepted

Can an expert refuse to give expert testimony?

united-states Yes and no, that is, the courts have extensive powers to compel testimony, but there are rules about doing so. This article addresses the question of expert testimony. Suppose you want ...
  • 170k
4 votes
Accepted

Can you be convicted based on the testimony of the victim alone?

In the US, Yes, generally In the US an accused can, in most cases, be convicted on the testimony of a single witness, who can be the victim. There are a few exceptions. Article II section 3 of the US ...
4 votes

Consequences of contradicting one's sworn testimony in separate cases?

The defence in a criminal case has no obligation to inform the prosecution of anything. The onus is on the prosecution to provide the evidence to convict and the defence doesn't have to and indeed ...
  • 162k
4 votes

What protection against a perjury prosecution does a hostile witness have?

Perjury prosecutions are hard to win, and therefore are not often brought. It is hard to think of a situation in which both "yes" and "no" would be subject to a perjury prosecution....
4 votes
Accepted

Why do courts allow attorneys to demand Yes-or-No answers to their questions?

The parties are generally entitled to present their case as they see fit, as long as they stay within the rules of evidence. If they want a straight yes or no, the court will often require the witness ...
  • 46.5k
4 votes

Fifth Amendment privileges v. Sixth Amendment privileges in criminal trials

Yes, there is indeed a conflict, often described as a balancing act. Similarly, the principle of free speech protected by the First Amendment requires that the public tolerate lies in political ...
4 votes

What is the significance of raising one's right hand before making an oath or affirmation?

In Western law this surely derives from Biblical precedent. See for example Genesis 14:22, or Exodus 6:8. Some other times when hands are lifted up in the Bible, it's an expression of power. These ...
4 votes

What is the penalty for a bad-acting witness/expert?

A witness is not an advocate A witness’ role in a court case is to state the facts (or opinion for expert witnesses) and not to argue for the case for either side - that’s the lawyers job. A witness ...
  • 162k
4 votes

Isn't it a clear conflict of interest that expert witnesses are paid/compensated handsomely for their testimony?

united-states california Or is the fact that expert witnesses get huge payments just completely swept under the rug and out of sight of jury consideration? From personal experience as a juror, it is ...
  • 125
4 votes

Isn't it a clear conflict of interest that expert witnesses are paid/compensated handsomely for their testimony?

Yes, but so what? Most (all?) common law countries follow an adversarial system, where the court is a referee. Parties run their pre-trial investigation and choose their witnesses with a relatively ...
  • 61
4 votes
Accepted

Is an officer's testimony in a military court considered coerced and thus inadmissible in criminal court proceedings?

Garrity Rule There is a "Garrity Rule". It is derived from Garrity v. New Jersey, 385 U.S. 493 (1967). In that case the US Supreme Court held that military and law-enforcement officers and ...
3 votes

What is the opposite of argumentative?

This is a question of semantics. There is no single correct answer as the question implies. You can come up with many answers that you could defend depending upon the context of why you asked the ...
3 votes

What is the opposite of argumentative?

Non-argumentative? You list one of a number of possible objections that can be raised to a question posed to a witness during a trial. The opposite of a question that can be disallowed under the ...
  • 20.2k
3 votes

Consequences of contradicting one's sworn testimony in separate cases?

The defense has every right to do the best for its client. Unless it is specifically barred by either the law or by the judge, the defense can do anything and everything to protect its client. Without ...
  • 6,170
3 votes

What do you do when the truth is something that can be proven false beyond a reasonable doubt?

The California jury instructions for the crime of perjury give more detail on what it means to commit perjury: it's not just that you make a statement that is false, you have to willfully state that ...
  • 170k
3 votes

Can children be placed, and required to testify, under oath in American courts?

The Testimony Of Children Under Oath Do Children As Young As Seven Years Old Testify In U.S. Courts? Could it actually happen in American courts? Yes. It can and does happen on a regular basis, ...
  • 145k

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