“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.
this post was submitted on 29 Aug 2023
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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?
Does the "right to remain silent" still apply?
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.
"Please state your name"
"I can't do that without incriminating myself"
Mr. Stealsalot,
We meet again
I just talked about Germany because I didn't knew how it is in the US. Apparently it's exactly the same. Intresting comment
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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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?
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.
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.
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If this happens they'll do the "A person who swears to tell the truth and nothing but the truth says what" ordeal. If that doesn't work they will just let you leave
JUDGES HATE THIS ONE TRICK!
I wonder how many times it takes for a judge to get tired of sending you too jail for contempt over and over again for refusing to say yes. Lol
I am a sovereign citizen and do not recognize your authority!
- Rusty Shackleford, probably
Also: Subway Jared
Also Julian Assange.
"Anything you say can be used against you in court."
"Titties."
"..."
Opportunity is not compulsion
In the movies they always say "... can and will be used against you"
Well since we're being all precise and shit, it's "can and will be held against you", which happens to fit the joke much better 🤷
One of my favourite Talking Heads albums
The witness requests titties. Baliff, bring in "Big Mike"
His name was Robert Paulson
Held against you. It works much better with the proper wording.
My client has plead Oopsie Daisy, Your Honor. Case Dismissed (drops mic)
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Judge: Do you swear to tell the truth, the whole truth and nothing but the truth?
Me: Fuck. Here, I swore.
Also contempt of court. Do not pass go.
Ok, serious question: what is the course here? Can you be forced to swear?
Generally speaking, you will be asked to swear or affirm that you are going to tell the truth, and that you understand the consequences of not telling the truth. Whether you do a whole ceremony about it or not, it doesn't really matter -- but the court will want to know that you are competent to testify truthfully and that you know that you're not allowed to testify to things you know aren't true.
If you're asking "can you be forced to testify?", the answer is "Yes but it depends." If you're competent to testify and the officers of the court deem your testimony important, they can subpoena your testimony. If you have a reason to contest it, you can -- but "I don't want to" isn't good enough.
You don't get to testify, I assume.
But what if you don't want to testify in the first place?
In Germany you're forced to testify anyways.
I'm not sure as I'm not a legal expert. I can say that if they know that you're not going to be honest, there's no reason for your testimony.
They can put charges on you for lying in court as a witness. You can get 6 months to 15 years in prison if you lie under outh.
And if you don't want to say anything as a witness, you also get detention for up to 6 months. Oh. And they have to pay for it.
Thats what I figured out after a quick Google search at least
In most cases they lie and say: "I really would want to testify, but I can't really remember anymore." and it's pretty hard to prove that their memory isn't shit.
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Not really. This is about ability, not willingness.
In America, the disobedient prole gets tossed in the slammer and forced to do hard labor.
Trump: "Yes."
Normal brain World: "Liar!"
Trump: "No"
GOP brain world: "In my experience, no means yes..."
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I once crossed off something I didn't like on a contract and the boss scolded me and put a fresh new one in front of me while printing out yet another one.
All contracts are negotiable, you did nothing wrong other than not having a conversation before wasting paper, the main issue is that for most people the negotiation is "if you want to work here you have to agree to all this."
But yeah reasonable accommodation and mutual understandings, etc, should be written down and signed. I challenged the non-disclosure agreement at my job once because it literally said I couldn't talk about my work with ANYONE, and a plain reading of it would mean I'd be unable to even talk to my boss about what I was supposed to be doing. It was poorly written and probably unenforceable. My boss didn't like that so I signed it anyway and then focused on finding work elsewhere (he was a dick and his company got raided by the FBI a few years later)
Thank you, this is valuable insight.
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