The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied most of the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.
In law and in religion, testimony is a solemn attestation as to the truth of a matter.
A subpoena or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas:
- subpoena ad testificandum orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person.
- subpoena duces tecum orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court.
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.
Capital and corporal punishment in Judaism has a complex history which has been a subject of extensive debate. The Bible and the Talmud specify capital punishment by the "Four Executions of the Court," — stoning, burning, decapitation, and strangulation — for the most severe transgressions, and the corporal punishment of flagellation for intentional transgressions of negative commandments that do not incur one of the Four Executions. According to Talmudic law, the authority to apply capital punishment ceased with the destruction of the Second Temple. The Mishnah states that a Sanhedrin that executes one person in seven years — or seventy years, according to Eleazar ben Azariah — is considered bloodthirsty. During the Late Antiquity, the tendency of not applying the death penalty at all became predominant in Jewish courts. In practice, where medieval Jewish courts had the power to pass and execute death sentences, they continued to do so for particularly grave offenses, although not necessarily the ones defined by the law. While it was recognized that the use of capital punishment in the post-Second Temple era went beyond the biblical warrant, the rabbis who supported it believed that it could be justified by other considerations of Jewish law. Whether Jewish communities ever practiced capital punishment according to rabbinical law, and whether the rabbis of the Talmudic era ever supported its use even in theory, has been a subject of historical and ideological debate.
A beth din is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel. Today, it is invested with legal powers in a number of religious matters both in Israel and in Jewish communities in the Diaspora, where its judgements hold varying degrees of authority in matters specifically related to Jewish religious life.
Masei, Mas'ei, or Masse is the 43rd weekly Torah portion in the annual Jewish cycle of Torah reading and the 10th and last in the Book of Numbers. The parashah constitutes Numbers 33:1–36:13. The parashah discusses the stations of the Israelites' journeys, instructions for taking the land of Israel, cities for the Levites and refuge, and the daughters of Zelophehad.
Crawford v. Washington, 541 U.S. 36 (2004), is a 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 cross-examination is required to admit prior testimonial statements of witnesses who have since become unavailable.
Self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another [person] in a criminal prosecution or the danger thereof". Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person.
An agunah is a Jewish woman who is stuck in her religious marriage as determined by halakha. The classic case of this is a man who has left on a journey and has not returned, or has gone into battle and is MIA. It is used as a borrowed term to refer to a woman whose husband refuses, or is unable, to grant her a divorce.
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.
Abba ben Joseph bar Ḥama, who is exclusively referred to in the Talmud by the name Rava, was a Babylonian rabbi who belonged to the fourth generation of amoraim. He is known for his debates with Abaye, and is one of the most often cited rabbis in the Talmud.
Shevu'ot or Shevuot is a book of the Mishnah and Talmud. It is the sixth volume of the book of Nezikin. Shevu'ot deals primarily with the laws of oaths in halakha.
Shofetim or Shoftim is the 48th weekly Torah portion in the annual Jewish cycle of Torah reading and the fifth in the Book of Deuteronomy. It constitutes Deuteronomy 16:18–21:9. The parashah provides a constitution — a basic societal structure — for the Israelites. The parashah sets out rules for judges, kings, Levites, prophets, cities of refuge, witnesses, war, and unsolved murders.
Conservative Judaism views halakha as normative and binding. The Conservative movement applies Jewish law to the full range of Jewish belief and practice, including thrice-daily prayer, Shabbat and holidays, marital relations and family purity, conversion, dietary laws (kashrut), and Jewish medical ethics. Institutionally, the Conservative movement rules on Jewish law both through centralized decisions, primarily by the Rabbinical Assembly and its Committee on Jewish Law and Standards, and through congregational rabbis at the local level. Conservative authorities produced a voluminous Responsa literature.
Judah ben Tabbai was a Pharisee scholar, Chief Justice of the Sanhedrin, one of "the Pairs" (zugot) of Jewish leaders who lived in first century BCE.
United States criminal procedure derives from several sources of law: the baseline protections of the United States Constitution, federal and state statutes; federal and state rules of criminal procedure ; and state and federal case law. Criminal procedures are distinct from civil procedures in the US.
"Thou shalt not bear false witness against thy neighbour" is the ninth commandment of the Ten Commandments, which are widely understood as moral imperatives by Jewish, Catholic, and Protestant scholars.
A Law given to Moses at Sinai refers to a halakhic law for which there is no biblical reference or source, but rather was passed down orally as a teaching originating from Moses at Sinai. Such teachings have not been derived from any Talmudical hermeneutics, but known solely from the Jewish tradition.
Napue v. Illinois, 360 U.S. 264 (1959), was a United States Supreme Court case in which the Court held that the knowing use of false testimony by a prosecutor in a criminal case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution, even if the testimony affects only the credibility of the witness and does not directly relate to the innocence or guilt of the defendant.
