sworn oath?

sworn oath?

The_Dave©	9/3/2004 5:44:46 PM
Just an intellectual curiosity, but what would happen if a witness in a court trial said "no" when asked to swear or affirm to tell the truth? Court: "Do you swear to tell the truth..." Witness" "No." -- Q. - Why do men die before their wives? A. - Because they want to.



"McGyver"	9/3/2004 10:58:57 AM
"The Dave" <no@no.com> wrote in message news:i42_c.3093$z%3.1412@news01.roc.ny... Just an intellectual curiosity, but what would happen if a witness in a court trial said "no" when asked to swear or affirm to tell the truth? Court: "Do you swear to tell the truth..." Witness" "No." A typical response would be: first, the witness would be asked if he would "affirm" that he would tell the truth, and would be told that the word "affirm" has no religious significance. If the witness again said "No," the witness would be politely told that he is subject to the laws or perjury regardless of the oath. That's all. Not a big deal. McGyver



"The Dave©"	9/3/2004 6:32:34 PM
McGyver wrote: in a truth? A typical response would be: first, the witness would be asked if he would "affirm" that he would tell the truth, and would be told that the word "affirm" has no religious significance. If the witness again said "No," the witness would be politely told that he is subject to the laws or perjury regardless of the oath. That's all. Not a big deal. The religious aspect is separate from what I was asking. So, if you must tell the truth, regardless of whether you want to or not, what is the purpose of the oath/affirmation? It seems to be just a psychological game to impress upon people the importance of telling the truth. -- Q. - Why do men die before their wives? A. - Because they want to.



"McGyver"	9/3/2004 2:45:45 PM
"The Dave" <no@no.com> wrote in message news:6N2_c.3095$z%3.3080@news01.roc.ny... McGyver wrote: Just an intellectual curiosity, but what would happen if a witness in a court trial said "no" when asked to swear or affirm to tell the truth? Court: "Do you swear to tell the truth..." Witness" "No." A typical response would be: first, the witness would be asked if he would "affirm" that he would tell the truth, and would be told that the word "affirm" has no religious significance. If the witness again said "No," the witness would be politely told that he is subject to the laws or perjury regardless of the oath. That's all. Not a big deal. The religious aspect is separate from what I was asking. You asked what would happen. So, if you must tell the truth, regardless of whether you want to or not, what is the purpose of the oath/affirmation? It seems to be just a psychological game to impress upon people the importance of telling the truth. You got it. McGyver



nospam@isp.com	9/3/2004 9:56:05 PM
On 03 Sep 2004, =?iso-8859-1?Q?The_Dave=A9?= <no@no.com> wrote: Just an intellectual curiosity, but what would happen if a witness in a court trial said "no" when asked to swear or affirm to tell the truth? Court: "Do you swear to tell the truth..." Witness" "No." The witness probably would be subjected to a colloquy consisting of questions and also a clearly-stated directive from the judge to confirm whether the witness understood and, if so, s/he would be told that all the witness' answers to questions posed to which the court did not sustain an objection (i.e., quesitons to which answers were required) would be deemed provided under penalty of perjury and, depending what if any reason the witness gave when asked to explain the witness' hypothesized "No" above, the witness probably also would be notified of the nature/meaning of whatever is the case-specific combination of civil or criminal contempt of court sanctions. (You don' provide enough information even hypothetically whether it would/wouldn't be relevant also to discuss the witness' federal constitutional Fifth/Fourteenth Amendment "privilege" against compelled self-incrimination or its state constitutional analogues or to consider other principles that might be relevant if the witness provided a good factual explanation for the "No" statement you posit.)

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