I was wondering if they would simply not let you testify on the stand or would they hold you in contempt?
2006-09-01 02:34:02 · 21 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I figure they won't let you testify, but I was curious if there would be consequences (ei. contempt, taking you out back and beating you with the gavel, etc)
Just to clarify, this has nothing to do with whether you believe in God or not, i was just stating the question in partial. Im just curious about saying the right out "no".
2006-09-01 02:58:01 · update #1
Do you think every witness DO tell the truth and nothing but the truth on the stand!!! If so, you will be sadly mistaken, and the court do know that, that is why they have to weed out the truth, if they can, as much as they possibly believe they can.
The truth?!?!? that question is still up to interpretations. Each has their own version of what is the truth suppose to be.
That said. The court has the privilege of questioning the witness as a Hostile Witness. Any willful disobedience, disregard or misconduct of the court constitute a contempt of court, punishable by fine, imprisonment or both. There are civil and criminal contempt. The civil it occurs outside the judges realm, the court. This would be considered criminal contempt. Depending on the judge and their discretion, they will either punished them by fine, imprisonment or both, or the judge will permit the attorney to question the witness as a Hostile Witness.
2006-09-01 03:57:31 · answer #1 · answered by Sierra Leone 6 · 4⤊ 0⤋
LOL..good question! The work I do involves me placing people under oath..and you know, I have absolutely no clue what would happen if a potential witness stated "no" to that. Wow. Actually, the fact that they are present usually means that they are ready to testify, and the placing under oath is a necessary formality, but to actually have someone refuse has never happened to me. If this were to happen in a courtroom, and the potential witness was there under subpoena, the judge could charge him with contempt. I mean, the guy can say yes, and then just plead the Fifth Amendment in order to avoid answering. Now at a deposition, which is the bulk of the work I do anymore, to have a witness state no would really throw everyone out into left field!
Good question. Got me laughing and thinking!
2006-09-01 02:39:43 · answer #2 · answered by curious 5 · 0⤊ 0⤋
If people refuse to swear on the bible due to the fact they dont believe in it, the judge will ask them to take a differnt oath, its the same thing except they dont swear on the bible,
They do however have to swear to tell the truth, the whole truth adn nothing but
If they then dont comply they can be held in contempt of court, which can involve incarceration, or even worse,be treated as a hostile witness which is much worse believe me.
The swearing on the bible is an old historical thing, obviously with such a multicultural society the courts have alternative ways of making sure u dont lie then rely on religious beliefs for ur falsehoods
2006-09-01 04:00:53 · answer #3 · answered by livachic2005 4 · 0⤊ 0⤋
They will allow you to affirm without reference to God, but you will swear to tell the truth or be held in contempt. You can be incarcerated until you agree to tell the truth with the only limit to time served being if the trial ends without your testimony. Then the Judge can order charges filed against you and depending on the state you could if convicted serve time in prison. The court system is a failure as it is administered today but they still take it very serious when a person defies them.
2006-09-01 02:42:12 · answer #4 · answered by daydoom 5 · 0⤊ 0⤋
Some people just cannot and I repeat cannot tell the truth. They get it in their bean pea size brain that a situation occurred a certain way then fill in what they do not know.
If you said no then you probably would not be able to testify
2006-09-01 02:47:41 · answer #5 · answered by Patches6 5 · 0⤊ 0⤋
I think it would be interpreted as contempt of the court. It is your citizen's duty to testify and to do so truthfully.
The oath is only to be able to prosecute you for perjury if you don't tell the truth.
2006-09-01 02:38:42 · answer #6 · answered by Hi y´all ! 6 · 0⤊ 0⤋
the 'no' has nothing to go with god, you refuse to testify. The court will inquire way. If you have no valid resaon they will schedule a hearing as to contempt.
2006-09-01 02:42:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You get in a giant kick up the bum!
No actually you probably won't be allowed to take the stand, and you may be charged with contempt...
Just say yes!
2006-09-01 02:36:30 · answer #8 · answered by Steph :-) 3 · 0⤊ 0⤋
The part that request your presence in the trial, in order that you surrender your testimony, should surely have noticed you about that you will be asked to saying the truth based on your beliefs or faith on God; but only if you're Catholic or Christian, you have to swearing on the Bible, if you're not, or if you're simply atheist or agnostic, you just simply have to say that you will give your testimony on the truth about things you know. If you already said that your testimony will be taken based on your faith convictions and you refuses to do it so, simply you will be discharged as witness.
2006-09-01 05:14:56 · answer #9 · answered by spawnwooer 1 · 0⤊ 0⤋
If you were a voluntary witness they wouldn't let you testify. If involuntary, I think contempt.
2006-09-01 02:43:36 · answer #10 · answered by Anonymous · 0⤊ 0⤋