this post was submitted on 29 Aug 2023
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[–] GCanuck@lemmy.world 232 points 1 year ago (2 children)

“You’re in contempt of court. You have been fined $x and continued refusal to swear the oath will land you in prison until you do. Jackass.”

That’s what the judge does.

[–] Neato@kbin.social 29 points 1 year ago (1 children)

It's really a process of letting the subpoenaed know that they either tell the truth, lie and face perjury charges, or refuse and face contempt or court charges. The latter can seemingly land you in jail in perpetuity. Because fuck you, I guess?

[–] FederatedSaint@lemmy.world 16 points 1 year ago (1 children)

Does the "right to remain silent" still apply?

[–] Neato@kbin.social 24 points 1 year ago (2 children)

That's mostly for police. Once you're in court and ordered to testify, the person talking about germany is mostly correct. You can't be forced to self-incriminate nor testify against a spouse. Otherwise yes. Generally 99% of courts won't bother even asking the defendant to testify because self-incrimination is practically guaranteed. Usually only if the defense calls on them, which is often a bad idea.

[–] EmoDuck@sh.itjust.works 8 points 1 year ago (1 children)

"Please state your name"

"I can't do that without incriminating myself"

[–] ArtisinalBS@lemm.ee 8 points 1 year ago

Mr. Stealsalot,
We meet again

[–] newIdentity@sh.itjust.works 5 points 1 year ago* (last edited 1 year ago)

I just talked about Germany because I didn't knew how it is in the US. Apparently it's exactly the same. Intresting comment

[–] lazyvar@programming.dev 1 points 1 year ago

Only if there’s a risk at incriminating yourself, and if it’s not immediately apparent how you’d run that risk (e.g. you’re a witness that doesn’t have a direct relation to the crime at hand) you’d have to motivate how it could be incriminating.

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[–] pinkdrunkenelephants@sopuli.xyz 6 points 1 year ago (1 children)

How is it legal for them to just throw you in jail forever just for pissing off a judge? Why even pretend we have rights if that's how the system is going to operate?

[–] kmkz_ninja@lemmy.world 13 points 1 year ago (2 children)

Because other people have a right to a speedy trial as well, and if you're intentionally holding up the court's time they're going to punish you.

[–] RegularGoose@sh.itjust.works 4 points 1 year ago* (last edited 1 year ago)

It's illegal to lie to the court. Even if all oaths weren't utterly worthless, one made under duress is inherently invalid. This one serves literally no purpose other than to psychologically dominate a person.

[–] pinkdrunkenelephants@sopuli.xyz -1 points 1 year ago* (last edited 1 year ago) (1 children)

That doesn't give them the right to jail you indefinitely. This system lies and tells you we all have rights, but if they can just do that forever because you insulted or angered a judge, then you need to realize it is just a lie and we don't have rights. It's the same authoritarianism people fought and died to erase from the world. Judges can't be allowed to just do what they want.

[–] Jesse@lemmy.ca 4 points 1 year ago (1 children)

By refusing to tell the truth to the court, you're basically refusing to take part in the trial. Which translates to you're refusing to take part in the justice system, yet also somehow wanting justice ... ??