Testimony

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"Testify" redirects here. For other uses, see Testimony (disambiguation) and Testify (disambiguation).Not to be confused with Testimonial.

Testimony is a solemn attestation as to the truth of a matter.

Contents

Etymology

The words "testimony" and "testify" both derive from the Latin word testis, referring to the notion of a disinterested third-party witness. [1] [2]

Law

In the law, testimony is a form of evidence in which a witness makes a "solemn declaration or affirmation ... for the purpose of establishing or proving some fact". [3] According to Bryan A. Garner, the editor of Black's Law Dictionary , the word "testimony" is properly used as a mass noun (that is, always uninflected regardless of number), and not a count noun. [4]

Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. Historically, to be admissible in court and to ensure maximum reliability and validity, written testimony presented in the form of an affidavit (i.e., the witness would not be appearing in court at the hearing at which the affidavit was considered as evidence) was usually witnessed by another person (in many common law jurisdictions, a notary public) who had to also swear to or affirm its authenticity, also under penalty of perjury. In 1976, the United States Congress enacted a statute allowing for the use of an unsworn declaration under penalty of perjury in lieu of an affidavit in federal courts. [5] In other words, the declarant's signature together with a statement that they were making the unsworn declaration under penalty of perjury were deemed as a matter of law to be sufficiently solemn to remind the declarant of their duty to speak the truth, the whole truth, and nothing but the truth (meaning notarization was no longer required). [5] As of 2006, about 20 states also had similar statutes allowing the use of unsworn declarations in their state courts. [5]

Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony.

Legitimate expert witnesses with a genuine understanding of legal process and the inherent dangers of false or misleading testimony refrain from making statements of fact. They also recognize that they are in fact not witnesses to an alleged crime or other event in any way, shape or form. Their expertise is in the examination of evidence or relevant facts in the case. They should make no firm judgement or claim or accusation about any aspect of the case outside their narrow range of expertise. They also should not allege any fact they can not immediately and credibly prove scientifically.

For example, a hair sample from a crime scene entered as evidence by the prosecution should be described by an expert witness as "consistent with" a sample collected from the defendant, rather than being described as a "match". A wide range of factors make it physically impossible to prove for certain that two hair or tissue samples came from a common source.

Having not actually witnessed the defendant at the scene, the expert witness can not state for a fact that the sample is a match to the defendant, particularly when the samples were collected at different times and different places by different collectors using different collection methods. Ultimately, the testimony of expert witnesses is regarded as supportive of evidence rather than evidence in and of itself, and a good defense attorney will point out that the expert witness is not in fact a witness to anything, but rather an observer.

When a witness is asked a question, the opposing attorney can raise an objection, which is a legal move to disallow or prevent an improper question to others, preferably before the witness answers, and mentioning one of the standard reasons, including:

There may also be an objection to the answer, including:

Up until the mid-20th century, in much of the United States, an attorney often had to follow an objection with an exception to preserve the issue for appeal. If an attorney failed to "take an exception" immediately after the court's ruling on the objection, he waived his client's right to appeal the issue. Exceptions have since been abolished, due to the widespread recognition that forcing lawyers to take them was a waste of time.

When a party uses the testimony of a witness to show proof, the opposing party often attempts to impeach the witness. This may be done using cross-examination, calling into question the witness's competence, or by attacking the character or habit of the witness. So, for example, if a witness testifies that he remembers seeing a person at 2:00 pm on a Tuesday and his habit is to be at his desk job on Tuesday, then the opposing party would try to impeach his testimony related to that event.

Government

Testimony is given by those invited or compelled to speak at, or submit a written statement to, legislative hearings such as United States congressional hearings. [6] [7]

Testimony may also be given to a regulatory agency as part of the process of making or changing regulations. [8]

Religion

Christians in general, especially within the Evangelical tradition, use the term "to testify" or "to give one's testimony" to mean "to tell the story of how one became a Christian". Commonly it may refer to a specific event in a Christian's life in which God did something deemed particularly worth sharing. Christians often give their testimony at their own baptism, church services, and at evangelistic events. Many Christians have also published their testimony on the internet. [9]

New Testament

After the early church began to preach about the death and resurrection of Jesus Christ, Peter and the other apostles asserted that "we are witnesses of these things". [10] Pope Francis has commented on Peter being "strong in his testimony", describing "testimony" as the "lifeblood" of the church. [11]

Types

Many Methodist churches in the holiness tradition devote a portion of their Sunday evening service and/or mid-week Wednesday evening service of worship to allow members to give a personal testimony about their faith and experiences in living the Christian life: [12]

203. What do we mean by testimony?

By testimony we usually mean witnessing before others to the fact that God has forgiven our sins.
204. Who is benefited by testimony?
A testimony will help the one who makes it—it will strengthen his faith. It is also an encouragement to those who hear.
205. What does the Bible say about testimony?
"With the heart man believeth unto righteousness; and with the mouth confession is made unto salvation" (Rom. 10:10).

"And they overcame him by the blood of the Lamb, and by the word of their testimony" (Rev. 12:11). —Catechism of the Pillar of Fire Church [12]

In the Religious Society of Friends, the word testimony is used to refer to the ways in which Friends testify or bear witness to their beliefs in their everyday lives. In this context, the word testimony refers not to the underlying belief, but the committed action which arises out of their beliefs, which testifies to their beliefs. Common areas in which modern Friends are said[ by whom? ] to testify include testimony towards peace, testimony to simplicity, testimony to truth and integrity, and testimony to equality.

In some religions (most notably Mormonism and Islam) many adherents testify as a profession of their faith, often to a congregation of believers. In Mormonism, testifying is also referred to as "bearing one's testimony", and often involves the sharing of personal experience—ranging from a simple anecdote to an account of personal revelation—followed by a statement of belief that has been confirmed by this experience. Within Mormon culture, the word "testimony" [13] has become synonymous with "belief". Although "testimony" and "belief" are often used interchangeably, they are inherently different. Most Mormons believe that when faith is acted upon, individuals can receive a spiritual witness which solidifies belief into testimony; that if the exercise of faith leads to good works, they can know their religious principles are true. An individual who no longer believes in the religion may be referred to as having "lost their testimony".

Large-group awareness training

In the context of large-group awareness training, anecdotal testimony may operate in the forms of "sharing" or delivering a "share". [14] [15]

Literature

Bataan Death March Testimonials Bataan Death March Testimonials.jpg
Bataan Death March Testimonials

Some published oral or written autobiographical narratives are considered "testimonial literature" particularly when they present evidence or first person accounts of human rights abuses, violence and war, and living under conditions of social oppression. This usage of the term comes originally from Latin America and the Spanish term "testimonio" when it emerged from human rights tribunals, truth commissions, and other international human rights instruments in countries such as Chile and Argentina. One of the most famous, though controversial, of these works to be translated into English is I, Rigoberta Menchú . The autobiographies of Frederick Douglass can be considered among the earliest significant English-language works in this genre. The biographies of marginalized women such as Jesusita Aragon and Maria Elena Lucas, made from recordings and transcriptions by oral historian Fran Leeper Buss, are more recent examples. [16]

Philosophy

In philosophy, testimony is a proposition conveyed by one entity (person or group) to another entity, whether through speech or writing or through facial expression, that is based on the entity's knowledge base. [17] The proposition believed on the basis of a testimony is justified if conditions are met which assess, among other things, the speaker's reliability (whether her testimony is true often) and the hearer's possession of positive reasons (for instance, that the speaker is unbiased). [18]

We can also rationally accept a claim on the basis of another person's testimony unless at least one of the following is found to be true:

  1. The claim is implausible;
  2. The person or the source in which the claim is quoted lacks credibility;
  3. The claim goes beyond what the person could know from his or her own experience and competence. [19]

See also

Related Research Articles

<span class="mw-page-title-main">Affidavit</span> Written legal statement, made under oath

An affidavit is a written statement voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath on penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings.

An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts.

Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.

In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know.

A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination.

An arrest warrant or bench warrant is a warrant issued by a judge or magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual's property.

Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. The Federal Rules of Evidence define hearsay as:

A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement..

<i>Starr Report</i> Government report on President Bill Clinton

The Starr Report, officially the Referral from Independent Counsel Kenneth W. Starr in Conformity with the Requirement of Title 28, United States Code, Section 595(c), is a United States federal government report by Independent Counsel Ken Starr concerning his investigation of President Bill Clinton. Delivered to the United States Congress on September 9, 1998, the allegations in the report led to the impeachment of Bill Clinton and the five-year suspension of Clinton's law license.

Crawford v. Washington, 541 U.S. 36 (2004), is a landmark United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Clause of the Sixth Amendment. The Court held that prior testimonial statements of witnesses who have since become unavailable may not be admitted without cross-examination.

<span class="mw-page-title-main">Testimony of integrity</span> Behavioural code of Quakers

Testimony to integrity and truth refers to the way many members of the Religious Society of Friends (Quakers) testify or bear witness to their belief that one should live a life that is true to God, true to oneself, and true to others. To Friends, the concept of integrity includes personal wholeness and consistency as well as honesty and fair dealings. From personal and inward integrity flow the outward signs of integrity, which include honesty and fairness. It is not only about telling the truth but also about applying ultimate truth to each situation. For example, Friends (Quakers) believe that integrity requires avoiding statements that are technically true, but misleading.

The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.

A present sense impression, in the law of evidence, is a statement made by a person that conveys his or her sense of the state of an event or the condition of something. The statement must be spontaneously made while the person was perceiving the event or condition, or "immediately thereafter." The permissible time lapse between event and statement may range from seconds to minutes, but probably not hours. The subject matter and content of the statement are limited to descriptions or explanations of the event or condition, therefore opinions, inferences, or conclusions about the event or condition are not present sense impressions. An example of present sense impression is of a person saying, "it's cold" or "we're going really fast".

Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts.

A sworn declaration is a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit but is not witnessed and sealed by an official such as a notary public. Instead, the person making the declaration signs a separate endorsement paragraph at the end of the document, stating that the declaration is made under penalty of perjury.

Hearsay, in a legal forum, is an out-of-court statement which is being offered in court for the truth of what was asserted. In most courts, hearsay evidence is inadmissible unless an exception to the hearsay rule applies.

A statutory declaration is a legal document defined under the law of certain Commonwealth nations and in the United States. It is similar to a statement made under oath, but it is not sworn.

In the law of the United States of America, an objection is a formal protest to evidence, argument, or questions that are in violation of the rules of evidence or other procedural law. Objections are often raised in court during a trial to disallow a witness's testimony, and may also be raised during depositions and in response to written discovery.

Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), is a United States Supreme Court case in which the Court held that it was a violation of the Sixth Amendment right of confrontation for a prosecutor to submit a chemical drug test report without the testimony of the person who performed the test. While the court ruled that the then-common practice of submitting these reports without testimony was unconstitutional, it also held that so called "notice-and-demand" statutes are constitutional. A state would not violate the Constitution through a "notice-and-demand" statute by both putting the defendant on notice that the prosecution would submit a chemical drug test report without the testimony of the scientist and also giving the defendant sufficient time to raise an objection.

<span class="mw-page-title-main">Italian Code of Criminal Procedure</span>

The Italian Code of Criminal Procedure contains the rules governing criminal procedure in every court in Italy. The Italian legal order adopted four codes since the Italian Unification. After the first two codes, in 1865 and 1913, the Fascist Government established in 1930 a new code adopting an inquisitorial system. In 1988 the Italian Republic adopted a new code, that could be considered to be somewhere in between the inquisitorial system and the adversarial system.

Perjury is the name of an offence under the Criminal Code. The offence of false evidence under the Penal Code is equivalent.

References

  1. ↑ Harper, Douglas. "testify". Online Etymology Dictionary. Retrieved 25 January 2012.
  2. ↑ Harper, Douglas. "testimony". Online Etymology Dictionary. Retrieved 25 January 2012.
  3. ↑ Crawford v. Washington , 541 U.S. 36, 51 (2004).
  4. ↑ Garner, Bryan A. (2011). Garner's Dictionary of Legal Usage (3rd ed.). Oxford: Oxford University Press. p. 886. ISBN   9780195384208 . Retrieved April 15, 2023.
  5. 1 2 3 Shiflett, Ira (2006). "Goodbye to Affidavits? Improving the Federal Affidavit Substitute Statute". Cleveland State Law Review. 54 (3): 309–336.
  6. ↑ Davis, Christopher M. (August 10, 2015). House Committee Hearings: Witness Testimony (PDF). Washington, DC: Congressional Research Service. Archived (PDF) from the original on 12 August 2017. Retrieved 31 January 2018.
  7. ↑ Heitshusen, Valerie (December 6, 2017). Senate Committee Hearings: Witness Testimony (PDF). Washington, DC: Congressional Research Service. Archived (PDF) from the original on 5 June 2018. Retrieved 31 January 2018.
  8. ↑ "Regulatory Process". U.S. Department of the Interior. 2015-07-01. Retrieved 2024-10-13.
  9. ↑ "Testimonies". Christianity Today. © 2024 Christianity Today. 22 December 2023. Retrieved 13 February 2024.
  10. ↑ Acts 5:32: New American Bible (Revised Edition)
  11. ↑ Pope Francis, The lifeblood, morning meditation in the Chapel of the Domus Sanctae Marthae, 7 April 2016, accessed 16 September 2022
  12. 1 2 Catechism of the Pillar of Fire Church. Pillar of Fire Church. 1948. pp. 39–40.
  13. ↑ "Testimony", Gospel Study, LDS, archived from the original on 2012-04-06, retrieved 2011-09-14
  14. ↑ Fisher, Jeffrey D.; Silver, Roxane Cohen; Chinsky, Jack M.; Goff, Barry; Klar, Yechiel (1990). Evaluating a Large Group Awareness Training: A Longitudinal Study of Psychosocial Effects. Recent Research in Psychology. New York: Springer Science & Business Media (published 2012). p. 1. ISBN   9781461234289 . Retrieved 5 June 2019. The possibility of treatment contagion is especially relevant [...]. because LGAT participants are asked to 'share' their experiences with members of their social network (Bry, 1976; Winstow, 1986).
  15. ↑ Bry, Adelaide (1976). Est (Erhard Seminars Training): 60 Hours That Transform Your Life . Harper & Row. p.  48. ISBN   9780060105624 . Retrieved 5 June 2019. The trainees are instructed to applaud following each sharing.
  16. ↑ "Books and Works By Author Fran Leeper Buss". Franleeperbuss. Retrieved 2024-04-20.
  17. ↑ Audi, Robert (2015-09-01), "The Place of Testimony in the Fabric of Knowledge and Justification", Rational Belief, Oxford University Press, pp. 217–236, doi:10.1093/acprof:oso/9780190221843.003.0012, ISBN   978-0-19-022184-3
  18. ↑ Lackey, Jennifer (1999). "Testimonial Knowledge and Transmission". The Philosophical Quarterly. 49 (197): 471–490. doi:10.1111/1467-9213.00154. ISSN   0031-8094. JSTOR   2660497.
  19. ↑ Trudy Govier (2005) [1985]. A practical study of Argument (6th ed.). Wadsworth. ISBN   9780534605254. For the notion of testimony in general, and especially after David Hume, see the seminal research by C. A. J. Coady, Testimony: A Philosophical Study, Oxford 1992.
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