Testimony
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Testimony is a solemn attestation as to the truth of a matter.
Etymology
The words "testimony" and "testify" both derive from the Latin word testis, referring to the notion of a disinterested third-party witness.[1][2]
Law
In the law, testimony is a form of evidence in which a witness makes a "solemn declaration or affirmation ... for the purpose of establishing or proving some fact".[3] According to Bryan A. Garner, the editor of Black's Law Dictionary, the word "testimony" is properly used as a mass noun (that is, always uninflected regardless of number), and not a count noun.[4]
Testimony may be oral or written, and it is usually made by
Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony.
Legitimate expert witnesses with a genuine understanding of legal process and the inherent dangers of false or misleading testimony refrain from making statements of fact. They also recognize that they are in fact not witnesses to an alleged crime or other event in any way, shape or form. Their expertise is in the examination of evidence or relevant facts in the case. They should make no firm judgement or claim or accusation about any aspect of the case outside their narrow range of expertise. They also should not allege any fact they can not immediately and credibly prove scientifically.
For example, a hair sample from a crime scene entered as evidence by the prosecution should be described by an expert witness as "consistent with" a sample collected from the defendant, rather than being described as a "match". A wide range of factors make it physically impossible to prove for certain that two hair or tissue samples came from a common source.
Having not actually witnessed the defendant at the scene, the expert witness can not state for a fact that the sample is a match to the defendant, particularly when the samples were collected at different times and different places by different collectors using different collection methods. Ultimately, the testimony of expert witnesses is regarded as supportive of evidence rather than evidence in and of itself, and a good defense attorney will point out that the expert witness is not in fact a witness to anything, but rather an observer.
When a witness is asked a question, the opposing attorney can raise an
- argumentative
- asked and answered
- best evidence rule
- calls for speculation
- calls for a conclusion
- compound questionor narrative
- hearsay
- inflammatory
- incompetent witness (e.g., child, mental or physical impairment, intoxicated)
- irrelevant, immaterial (the words "irrelevant" and "immaterial" have the same meaning under the Federal Rules of Evidence. Historically, irrelevant evidence referred to evidence that has no probative value, i.e., does not tend to prove any fact. Immaterial refers to evidence that is probative, but not as to any fact material to the case. See Black's Law Dictionary, 7th Ed.).
- lack of foundation
- leading question
- privilege
- vague
- ultimate issue testimony
There may also be an objection to the answer, including:
- non-responsive
Up until the mid-20th century, in much of the United States, an attorney often had to follow an objection with an exception to preserve the issue for appeal. If an attorney failed to "take an exception" immediately after the court's ruling on the objection, he waived his client's right to appeal the issue. Exceptions have since been abolished, due to the widespread recognition that forcing lawyers to take them was a waste of time.
When a party uses the testimony of a witness to show proof, the opposing party often attempts to impeach the witness. This may be done using cross-examination, calling into question the witness's competence, or by attacking the character or habit of the witness. So, for example, if a witness testifies that he remembers seeing a person at 2:00 pm on a Tuesday and his habit is to be at his desk job on Tuesday, then the opposing party would try to impeach his testimony related to that event.
Religion
New Testament
After the
Types
Many
203. What do we mean by testimony?
By testimony we usually mean witnessing before others to the fact that God has forgiven our sins.
204. Who is benefited by testimony?
A testimony will help the one who makes it—it will strengthen his faith. It is also an encouragement to those who hear.
205. What does the Bible say about testimony?
"With the heart man believeth unto righteousness; and with the mouth confession is made unto salvation" (Rom. 10:10).
"And they overcame him by the blood of the Lamb, and by the word of their testimony" (Rev. 12:11). —Catechism of the Pillar of Fire Church[9]
In the
In some
Large-group awareness training
In the context of large-group awareness training, anecdotal testimony may operate in the forms of "sharing" or delivering a "share".[11][12]
Literature
Some published
Philosophy
In philosophy, testimony is a proposition conveyed by one entity (person or group) to another entity, whether through speech or writing or through facial expression, that is based on the entity's knowledge base.[14] The proposition believed on the basis of a testimony is justified if conditions are met which assess, among other things, the speaker's reliability (whether her testimony is true often) and the hearer's possession of positive reasons (for instance, that the speaker is unbiased).[15]
We can also rationally accept a claim on the basis of another person's testimony unless at least one of the following is found to be true:
- The claim is implausible;
- The person or the source in which the claim is quoted lacks credibility;
- The claim goes beyond what the person could know from his or her own experience and competence.[16]
See also
- Bayesian epistemology
- Daubert standard
- Deposition
- Eyewitness memory
- Direct examination
- Hostile witness
- In limine
- Leading question
- Philosophical problems of testimony
- Redirect examination
- Rashomon effect
- Strike from the record
- Testimony in Jewish law
- Testimony of peace
References
- ^ Harper, Douglas. "testify". Online Etymology Dictionary. Retrieved 25 January 2012.
- ^ Harper, Douglas. "testimony". Online Etymology Dictionary. Retrieved 25 January 2012.
- ^ Crawford v. Washington, 541 U.S. 36, 51 (2004).
- ISBN 9780195384208. Retrieved April 15, 2023.
- ^ a b c Shiflett, Ira (2006). "Goodbye to Affidavits? Improving the Federal Affidavit Substitute Statute". Cleveland State Law Review. 54 (3): 309–336.
- ^ "Testimonies". Christianity Today. © 2024 Christianity Today. 22 December 2023. Retrieved 13 February 2024.
- New American Bible (Revised Edition)
- ^ Pope Francis, The lifeblood, morning meditation in the Chapel of the Domus Sanctae Marthae, 7 April 2016, accessed 16 September 2022
- ^ a b Catechism of the Pillar of Fire Church. Pillar of Fire Church. 1948. pp. 39–40.
- ^ "Testimony", Gospel Study, LDS, archived from the original on 2012-04-06, retrieved 2011-09-14
- ^
Fisher, Jeffrey D.; Silver, Roxane Cohen; Chinsky, Jack M.; Goff, Barry; Klar, Yechiel (1990). Evaluating a Large Group Awareness Training: A Longitudinal Study of Psychosocial Effects. Recent Research in Psychology. New York: Springer Science & Business Media (published 2012). p. 1. ISBN 9781461234289. Retrieved 5 June 2019.
The possibility of treatment contagion is especially relevant [...]. because LGAT participants are asked to 'share' their experiences with members of their social network (Bry, 1976; Winstow, 1986).
- ^
Bry, Adelaide (1976). Est (Erhard Seminars Training): 60 Hours That Transform Your Life. Harper & Row. p. 48. ISBN 9780060105624. Retrieved 5 June 2019.
The trainees are instructed to applaud following each sharing.
- ^ "Books and Works By Author Fran Leeper Buss". Franleeperbuss. Retrieved 2024-04-20.
- ISBN 978-0-19-022184-3
- JSTOR 2660497.
- ISBN 9780534605254. For the notion of testimony in general, and especially after David Hume, see the seminal research by C. A. J. Coady, Testimony: A Philosophical Study, Oxford 1992.