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How can someone testify if they are not a witness?
They can't. Only subpoeana'd witnesses may testify at a trial or hearing.
In what ways are a witness's rights in a congressional investigation similar to and different from a witnesses rights in court?
You see, congessional committees have the power to subpoena witnesses. A subpoena is a legal order that a person appear or produce requested documents. Not only so, but they can even legally testify you under oath. Witnesses who do not tell the truth can be ciminally prosecuted of perjury. Committees may punish those who refuse to testify or otherwise will not cooperate by holding them in contempt of Congress, meaning possibility of being arrested and/or jailed. Congressional committees have granted immunity to witnesses. Immunity is freedom from prosecution for witnesses whose testimony ties them to illegal acts. Of course, the Fifth Amendment states that people cannot be forced to testify against themselves. Witnesses who are granted immunity, however, can be required to testify about illegal actiities in which athey are involved. Those who refuse may be held in contempt and jailed.
What is the right to compel witnesses to testify?
There is no right to forcibly compel a witness to testify, but you can be held in contempt of court for withholding your testimonhy and jailed for contempt until such time as you may decide to change your mind.
In what ways are a witness's rights in a congressional investigation similar to and different from a witness's rights in a court?
You see, congessional committees have the power to subpoena witnesses. A subpoena is a legal order that a person appear or produce requested documents. Not only so, but they can even legally testify you under oath. Witnesses who do not tell the truth can be ciminally prosecuted of perjury. Committees may punish those who refuse to testify or otherwise will not cooperate by holding them in contempt of Congress, meaning possibility of being arrested and/or jailed. Congressional committees have granted immunity to witnesses. Immunity is freedom from prosecution for witnesses whose testimony ties them to illegal acts. Of course, the Fifth Amendment states that people cannot be forced to testify against themselves. Witnesses who are granted immunity, however, can be required to testify about illegal actiities in which athey are involved. Those who refuse may be held in contempt and jailed.
Can a non medical person's description of an elderly person's health be used as medical diagnosis in a trial?
No. It cannot be used as a diagnosis. They may be able to testify as to their observations only.No. It cannot be used as a diagnosis. They may be able to testify as to their observations only.No. It cannot be used as a diagnosis. They may be able to testify as to their observations only.No. It cannot be used as a diagnosis. They may be able to testify as to their observations only.
What are document accounts from first-hand witnesses?
You may be referring to an affidavit, which is a sworn declaration (often written) from a witness or other person called to testify in a legal proceding.
Can a kid testify against their mom in court in a custody battle and what are good ways to testify for that?
In a custody hearing, witnesses don't testify "against" anybody. It may depend on the child's age as to whether the judge will even hear their input or not, and HE will ask the question to which he wishes you to respond. The judge is only concerned that the parent that gets primary custody is the parent that can provicde the best environment, support and upbringing for the child(ren) in question.
What age do children have a say in court?
It depends on what kind of case, and what they want to say. There is no age requirement for a child to be a witness. If a 3 year old witnesses and event, he/she may be called to testify about it. However, children this young are often unable to be credible witnesses, and therefore generally aren't called as witnesses. If a child is a party to a case, he/she has the same rights as any adult litigant.
What is the difference between a competent witness and a compellable witness?
A competent witness it one who can understand questions put to them and can reply in an understandable manner. A witness may be found not competent if they have a mental disease the makes them unable to testify meaningfully, such as schizophrenia or dementia. A compellable witness is one that can be forced by law to testify. Almost all competent witnesses are compellable, but there are exceptions. For example, a spouse can be competent but cannot be compelled to testify against their mate.
What do we call the court order Which forces witnesses for the accused to appear and testify in court whether they want to or not?
A subpoena, which comes from the Latin for "under penalty". Subpoenas may be issued to compel a witness to appear in court and testify, or to compel the production of evidence. In either case the person served with the subpoena must either do the thing named in the document, or face punishment.
Can a husband choose to not testify against his mate in Washington state?
A spouse or civil partner of a defendant is almost always considered a competent witness for either side, and may choose to testify for or against their spouse. A defendant may, when relevant, compel their spouse or civil partner to testify on their behalf. The prosecution however, may only compel the testimony of the defendant's spouse or civil partner in cases of domestic abuse or violence or sexual offences towards persons under 16. When the spouse or civil partner is a co-defendant to the charges, they may not be compelled to testify. ~wikipedia.org/wiki/Spousal_privilege
Are testifying witnesses allowed to sit in on a criminal trial and witness other testimony during the trial?
Witnesses are excluded from the courtroom until it is their time to testify. This prevents their testimony from being tainted or influenced by hearing any other witness's testimony. Once they have testified, and if they are not subject to being "recalled" for further testimony, they may sit in court and observe the remainder of the trial.
