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37 votes
Accepted

What's stopping someone from saying "I don't remember"?

You can't prove a negative, so they can't be convicted of perjury for lying about whether they remember; Yes, they can. The government can convict the witness of perjury by proving that they did ...
Nate Eldredge's user avatar
34 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 ...
user6726's user avatar
  • 215k
31 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 ...
bdb484's user avatar
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28 votes

What remedies can a witness use to satisfy the "all the truth" portion of their oath?

"The whole truth" is part of a formulaic phrase which has been operationalized to mean merely "don't commit perjury." A witness simply answers the questions asked and is not ...
ohwilleke's user avatar
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26 votes
Accepted

Can a defendant remain silent (invoke 5th amendment) during cross examination?

No, a defendant may not remain silent on cross-examination. Witnesses who voluntarily testify in their own defense are subject to cross-examination on that testimony. In Fitzpatrick v. United States, ...
bdb484's user avatar
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25 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 ...
Davislor's user avatar
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24 votes
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How literally do courts in USA interpret face to face confrontation right of defendant under sixth amendment?

I am planning on seeing if a video taped testimony to be played at trial would suffice in lieu of actual face to face confrontation with defendant. This does not satisfy the confrontation clause. At ...
ohwilleke's user avatar
  • 220k
18 votes
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Treatment of lying/exaggerating witnesses

TV has lied to you about criminal trials There is no secret evidence or sudden "gotcha" moment new-south-wales How a criminal trial is to be conducted is spelled out in the appropriately ...
Dale M's user avatar
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17 votes
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Calling a judge as a witness in a case that the judge is presiding over?

Parties may only call witnesses for the purpose of adducing* admissible evidence. Evidence is only admissible if it is relevant. If a witness cannot give any relevant evidence, then a party has no ...
sjy's user avatar
  • 9,286
15 votes

What would happen if one side in a trial called the other side's sole attorney to the stand?

If the attorney testifies, they can "cross-examine" themselves, and they would usually do so by simply giving a narrative presentation about whatever facts are necessary. In the united-...
bdb484's user avatar
  • 60.6k
14 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 ...
hszmv's user avatar
  • 23k
13 votes

Treatment of lying/exaggerating witnesses

united-states D's attorney will need to disclose the video, since it's clear they will offer it as evidence. It is possible your jurisdiction might treat this as rebuttal evidence and not require ...
Tiger Guy's user avatar
  • 7,139
12 votes

What remedies can a witness use to satisfy the "all the truth" portion of their oath?

The defendant in Bronston v. United States, 409 U.S. 352 told a partial truth but not the whole truth, and got away with it. The crucial feature of his testimony is that he only answered part of the ...
user6726's user avatar
  • 215k
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 ...
David Siegel's user avatar
11 votes

What would happen if one side in a trial called the other side's sole attorney to the stand?

england-and-wales As a general rule, appearing as both a representative and a witness is strongly discouraged by the courts (see e.g. Gunn & Naghshineh v The Charity Commission for England and ...
JBentley's user avatar
  • 8,310
10 votes

What's stopping someone from saying "I don't remember"?

Anything you say in a court of law can be used against you in a court of law, unless the testimony is given under a grant of immunity. You would need to provide a transcript of the hypothetical ...
user6726's user avatar
  • 215k
10 votes

Difference between "not remembering having said" and "never having said"?

"I don't remember saying that" is true unless you do remember and you did say that. "I never said that" is false if you said that. The former is a safer statement w.r.t. perjury (...
user6726's user avatar
  • 215k
9 votes

Is one allowed to ask for compensation for their witness testimony?

A witness who is under a subpoena cannot condition their appearance or testimony upon being compensated. Usually, a "lay witness" who is not offering expert testimony and instead just ...
ohwilleke's user avatar
  • 220k
9 votes

What remedies can a witness use to satisfy the "all the truth" portion of their oath?

Court contains two parties. You look dead square at the other counsel and go "HELP!" in whatever way you can signal that. They write a note. At appropriate time, they say "Redirect, ...
Harper - Reinstate Monica's user avatar
8 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....
David Siegel's user avatar
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 ...
ohwilleke's user avatar
  • 220k
8 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 ...
sjy's user avatar
  • 9,286
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 ...
ohwilleke's user avatar
  • 220k
8 votes
Accepted

How is a judge to evaluate a witness's credibility?

canada I suspect this approach is consistent with most common-law jurisdictions, but other answers for comparison would be great. First, there is a distinction between credibility and reliability. R. ...
Jen's user avatar
  • 59.2k
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 ...
Martin Bonner supports Monica's user avatar
7 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 ...
user6726's user avatar
  • 215k
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 ...
Harper - Reinstate Monica's user avatar
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 ...
user6726's user avatar
  • 215k
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 ...
Davislor's user avatar
  • 2,904
7 votes

Is character assassination of witnesses allowed?

It is allowed to introduce evidence that impeaches the credibility or reliability of a witness, which could include his previous 5 convictions for perjury. This does not constitute "character ...
user6726's user avatar
  • 215k

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