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Widder, SASS #59054

"Under Oath" question

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Watching Perry Mason made me wonder:

 

When a person takes their Oath in the court room, they are ask some questions.

THEN, when and if they are called back to the witness stand, they are reminded that

they are STILL 'Under Oath'.

 

When are they relieved of such an Oath?

 

P.S. - I sat down with a small back of "Kisses with almonds" thinking I would only eat 2 of them.

Anybody ever try to eat ONLY 2 Kisses.

 

..........Widder

 

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I always assumed it would be when the trial was over.

 

Something I've always liked about courtroom dramas.

 

You swear to tell the truth, THE WHOLE TRUTH, and nothing but the truth.

 

So the lawyer asks you a yes or no question, and you say, "yes but then this..." and he stops you and says, "yes or no?"

 

Well hell, yes or no isn't the whole truth.

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They are released from the oath when they can no longer be called as a witness in the trial; i.e., when it's over.

 

As you note, there are often circumstances  where a witness is called back to the stand; the usual situation is where a witness who testified in the plaintiff's (or State's) case is called by the defense.

 

Theoretically, a witness could be called during jury deliberations, where the jury called for it and the judge agreed, but I have never seen or heard of it actually done.

 

 

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2 hours ago, Widder, SASS #59054 said:

P.S. - I sat down with a small back of "Kisses with almonds" thinking I would only eat 2 of them.

2 hours ago, Widder, SASS #59054 said:

Anybody ever try to eat ONLY 2 Kisses.

 

..........Widder

 

I swear to tell the truth and only the truth ... YES

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4 hours ago, Alpo said:

I always assumed it would be when the trial was over.

 

Something I've always liked about courtroom dramas.

 

You swear to tell the truth, THE WHOLE TRUTH, and nothing but the truth.

 

So the lawyer asks you a yes or no question, and you say, "yes but then this..." and he stops you and says, "yes or no?"

 

Well hell, yes or no isn't the whole truth.

 

Mas Ayoob talked about that very thing, in regards to trials involving firearms.

 

His take on it was that if a lawyer was trying to force you to say something that had a different meaning out of context (e.g.,, handing you a printout and saying, "Please read JUST the highlighted part of this text for the jury,"), as a witness you would have every right to inform the court that you would refuse to answer the question because it was trying to force you to say something that would be untruthful when it was out of context.

 

Never hung a shingle, just read a bunch.

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6 hours ago, Alpo said:

 

You swear to tell the truth, THE WHOLE TRUTH, and nothing but the truth.

 

So the lawyer asks you a yes or no question, and you say, "yes but then this..." and he stops you and says, "yes or no?"

 

Well hell, yes or no isn't the whole truth.

 

Mark this day down, ladies and gentlemen, because Alpo is on to something.

 

So there I was...testifying in court.  The answer to the lawyer's question was rather complicated.  Neither "yes" nor "no" would be the whole truth; it took some detailed explanation.  When I tried to answer, the lawyer shouted me down and repeated the question.  Repeat this process three or four times. 

 

Finally, I turn to the judge and ask, "Your honor, permission to depart from the truth?"

 

Incredulous and glaring over the top of his glasses at me, he boomed, "OF COURSE NOT!  YOU ARE UNDER OATH, OFFICER!"

Me:  "Well then, your honor, kindly inform the counselor to allow me to tell the WHOLE truth, because neither 'yes' nor 'no' is a complete and truthful answer.  It's much more complicated than that, and if he keeps shouting me down and cutting off my answer, my answer will be a departure from the truth."  

 

The defense attorney, seeing that I had played him like a fiddle in front of the judge and 12 members of the jury, tried to save face:  "PERMISSION TO TREAT THE WITNESS AS HOSTILE, YOUR HONOR?!!?"

 

Judge:  "Absolutely not.  Counselor, you're the one being hostile.  Let the officer give his WHOLE answer!  Officer, please give your whole answer."

 

 

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Cyrus is correct.

Not all questions can be confirmed with a mere "YES" or "NO" answer, and may either require an explanation or a contradiction to the response.

CLASSIC CASE of a question that cannot be answered with a simple "YES" or "NO":

 

"DO YOU STILL HIT YOUR WIFE?"

 

If you had hit your wife in the past, a "YES" response would be the truth and a "NO" response would be a lie.

However, if you had never hit your wife in the past, a "YES" response would be a lie and a "NO" response would also be a lie, as it insinuates that at one time you did hit your wife, yet you don't hit her now. The correct response would be "I have never hit my wife at any time".

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Called compound questions.  I drive my sons crazy with one word answers when they ask two part questions.  "Do you want to go to Cracker Barrel or eat at home?"  "Yes!"

 

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1 minute ago, J. Mark Flint #31954 LIFE said:

Called compound questions.  I drive my sons crazy with one word answers when they ask two part questions.  "Do you want to go to Cracker Barrel or eat at home?"  "Yes!"

 

Yes, I love to do that too.

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14 minutes ago, Father Kit Cool Gun Garth said:

Cyrus is correct.

Not all questions can be confirmed with a mere "YES" or "NO" answer, and may either require an explanation or a contradiction to the response.

CLASSIC CASE of a question that cannot be answered with a simple "YES" or "NO":

 

"DO YOU STILL HIT YOUR WIFE?"

 

If you had hit your wife in the past, a "YES" response would be the truth and a "NO" response would be a lie.

However, if you had never hit your wife in the past, a "YES" response would be a lie and a "NO" response would also be a lie, as it insinuates that at one time you did hit your wife, yet you don't hit her now. The correct response would be "I have never hit my wife at any time".

BUT, if they asked "do you hit your wife any more"? You get a freebie on the poorly asked question. Because you could just say no even if you whoop up on her every night. Because the whole truth would be "No, but I don't hit her any less either". Hehehe

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Well, if I were sitting there and the lawyer instructed me to answer "Yes or No",  I would

pull an Earnest T Bass answer on him and answer..... "Yes or No".

 

Then when 'HE' objected to my answer to the Judge, I would tell the Judge that I was

instructed to answer ... "Yes or No".

 

P.S. - don't let TN Williams make you think he's some sorta 'tough guy with women'.

Truth is, his wife is well known for skull thumping him when he's within arms reach AND

she is also well known for her accuracy in chucking a well balanced cast iron skillet.

Those who know him best for his speed in dodging flying objects call him... 'Duck Williams'.

:lol:

 

..........Widder

 

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1 hour ago, Father Kit Cool Gun Garth said:

Cyrus is correct.

Not all questions can be confirmed with a mere "YES" or "NO" answer, and may either require an explanation or a contradiction to the response.

CLASSIC CASE of a question that cannot be answered with a simple "YES" or "NO":

 

"DO YOU STILL HIT YOUR WIFE?"

 

If you had hit your wife in the past, a "YES" response would be the truth and a "NO" response would be a lie.

However, if you had never hit your wife in the past, a "YES" response would be a lie and a "NO" response would also be a lie, as it insinuates that at one time you did hit your wife, yet you don't hit her now. The correct response would be "I have never hit my wife at any time".

If you don't claim the 5th.

You and your lawyer are idiots.

OLG 

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9 hours ago, Widder, SASS #59054 said:

P.S. - I sat down with a small back of "Kisses with almonds" thinking I would only eat 2 of them.

Anybody ever try to eat ONLY 2 Kisses.


Yes. Mission accomplished. I ate the two, but felt that the others deserved my attention as well. I did recycle the aluminum foil, the paper ribbon and the plastic bag. Just doing my part to save the planet. 
 

By the way, 2 Hershey’s kisses with almonds are especially good when paired with a scoop of French Vanilla ice cream and caramel syrup. Just shave the kisses with a sharp paring knife to garnish the ice cream....

So, yes, it is possible to eat only two...unless you add more ice cream. Obviously. 

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47 minutes ago, Widder, SASS #59054 said:

Well, if I were sitting there and the lawyer instructed me to answer "Yes or No",  I would

pull an Earnest T Bass answer on him and answer..... "Yes or No".

 

Then when 'HE' objected to my answer to the Judge, I would tell the Judge that I was

instructed to answer ... "Yes or No".

 

P.S. - don't let TN Williams make you think he's some sorta 'tough guy with women'.

Truth is, his wife is well known for skull thumping him when he's within arms reach AND

she is also well known for her accuracy in chucking a well balanced cast iron skillet.

Those who know him best for his speed in dodging flying objects call him... 'Duck Williams'.

:lol:

 

..........Widder

 

Do that and the jury might laugh, but the Judge will not think its a bit funny. And you don't want to piss off the Judge.

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10 hours ago, Alpo said:

I always assumed it would be when the trial was over.

 

Something I've always liked about courtroom dramas.

 

You swear to tell the truth, THE WHOLE TRUTH, and nothing but the truth.

 

So the lawyer asks you a yes or no question, and you say, "yes but then this..." and he stops you and says, "yes or no?"

 

Well hell, yes or no isn't the whole truth.

Some judges will allow a lawyer to get away with that. Some won’t.

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6 hours ago, Marshal Mo Hare, SASS #45984 said:

Yes, I love to do that too.

I like when some one asks my a yes or no question to answer vocally (yes or no) but nod or shake my head in the opposite.  I have had people nearly go nuts or just shake their heads and walk away. Either way they don't much bother me any more.

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16 hours ago, Widder, SASS #59054 said:

Watching Perry Mason made me wonder:

 

When a person takes their Oath in the court room, they are ask some questions.

THEN, when and if they are called back to the witness stand, they are reminded that

they are STILL 'Under Oath'.

 

When are they relieved of such an Oath?

 

P.S. - I sat down with a small back of "Kisses with almonds" thinking I would only eat 2 of them.

Anybody ever try to eat ONLY 2 Kisses.

 

..........Widder

 

Two? No way.

I worked for a judge who kept a dish full of Hershey Kisses on his bench. The "ready stores" were kept in the baliff's desk which happened to be right next to my post. So I know all about how you can't just have "two" LOL

 

This Judge also presented, as a matter of custom, a box of Krispy Kreme's to the jury on their first day of service. A second box was also provided for use of the staff. Mainly to keep the Courtroom Deputy from being tempted to appropriate juror donuts.....:D

 

In the weeks leading up to Bastille Day the Judge placed a crystal decanter on his bench for attorney's who visited his court to place their business card for the drawing to be held on Bastille Day for a fine bottle of French wine. Being staff, I wasn't eligible for the drawing and once the Judge invited me to pick the winner. One of those scalywag lawyers questioned if I may have stacked the jug. Before the judge could respond I piped up and advised I wasn't allowed wine. Said lawyer asked why not? I said because the sheriff thinks wine is for sissies so I'm only allowed hard liquor. Cracked the courtroom up I did, and guess who laughed loudest?

I sure do miss him, I surely do. Godspeed Judge.

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On 2/7/2020 at 12:34 AM, Widder, SASS #59054 said:

Watching Perry Mason made me wonder:

 

When a person takes their Oath in the court room, they are ask some questions.

THEN, when and if they are called back to the witness stand, they are reminded that

they are STILL 'Under Oath'.

 

When are they relieved of such an Oath?

 

P.S. - I sat down with a small back of "Kisses with almonds" thinking I would only eat 2 of them.

Anybody ever try to eat ONLY 2 Kisses.

 

..........Widder

 

In my experience, either at the end of the trial or in some cases, one of the Attorneys may ask if the witness may be dismissed.  If there is agreement between the attorneys and the judge orders, the witnessed is dismissed.  To recall the witness would require the witness to be re-subpoenaed.  I've seen this for example when a witness is brought in from out of state and has to catch a flight out or the Prosecutor knows an officer is leaving town on vacation when the officer is done testifying.

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On 2/7/2020 at 12:43 AM, Alpo said:

...So the lawyer asks you a yes or no question, and you say, "yes but then this..." and he stops you and says, "yes or no?"...

 

 

 

Then you look at the Judge and say, "Your Honor I took and oath to tell the truth and I'm unable to do so by answering only with a yes or no."  Then shut and wait. 

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On 2/7/2020 at 8:35 AM, Marshal Mo Hare, SASS #45984 said:

Yes, I love to do that too.

 

My wife's specialty.  Then I have to ask to which question is she answering.

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