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USA: Can a witness take the 5th to avoid perjury?
If a witness refuses to answer 'Has the defendant done this before?', then why can the jury appeal to ignorance?What are the Responisbilities of a Witness (Witness Signature)?Can a company take donations in lieu of investments and avoid SEC regulation?Why is the FBI rather than state investigators looking into these judges who take bribes?Do most people who take the stand at a trial not tell “the whole truth”?Can behaviour of a witness in a witness box affect the outcome of the proceedings?What's the point of prohibiting leading questions when unfavorable answers can result in witness being declared hostile?Does the 5th Amendment only apply to federal governmentCan the victim of a crime throw a court case?Can a witness avoid testifying based on lack memory?
.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;
Lawyer Alice is questioning witness Bob. Bob is not on trial, and no one has accused him of a crime. Alice demands Bob answer a particular question with either a "Yes" or a "no." Bob believes that doing so would mislead the court so greatly that he attempt to use a complete sentence, only for Alice to interrupt him and demand the one word answer. In frustration, Bob simply takes the 5th, to avoid what he believes is perjury.
What will happen to Bob now that he's taken the 5th? Will he be held in contempt of court, or will the judge be concerned and try to probe further? Assume Bob is unaware of the concept of rebuttal questions.
In case the specific fact pattern is required: Bob witnessed Charlie be hit with a baseball bat, which resulted in Charlie knocking over (and breaking) a vase. Alice is asking if Charlie broke the vase. In Bob's mind, a "yes" answer is a lie, the blame lies with the assailant. A "no" answer is a lie, as Charlie's fall did cause the vase to break.
united-states court trial judge contempt-of-court
add a comment |
Lawyer Alice is questioning witness Bob. Bob is not on trial, and no one has accused him of a crime. Alice demands Bob answer a particular question with either a "Yes" or a "no." Bob believes that doing so would mislead the court so greatly that he attempt to use a complete sentence, only for Alice to interrupt him and demand the one word answer. In frustration, Bob simply takes the 5th, to avoid what he believes is perjury.
What will happen to Bob now that he's taken the 5th? Will he be held in contempt of court, or will the judge be concerned and try to probe further? Assume Bob is unaware of the concept of rebuttal questions.
In case the specific fact pattern is required: Bob witnessed Charlie be hit with a baseball bat, which resulted in Charlie knocking over (and breaking) a vase. Alice is asking if Charlie broke the vase. In Bob's mind, a "yes" answer is a lie, the blame lies with the assailant. A "no" answer is a lie, as Charlie's fall did cause the vase to break.
united-states court trial judge contempt-of-court
add a comment |
Lawyer Alice is questioning witness Bob. Bob is not on trial, and no one has accused him of a crime. Alice demands Bob answer a particular question with either a "Yes" or a "no." Bob believes that doing so would mislead the court so greatly that he attempt to use a complete sentence, only for Alice to interrupt him and demand the one word answer. In frustration, Bob simply takes the 5th, to avoid what he believes is perjury.
What will happen to Bob now that he's taken the 5th? Will he be held in contempt of court, or will the judge be concerned and try to probe further? Assume Bob is unaware of the concept of rebuttal questions.
In case the specific fact pattern is required: Bob witnessed Charlie be hit with a baseball bat, which resulted in Charlie knocking over (and breaking) a vase. Alice is asking if Charlie broke the vase. In Bob's mind, a "yes" answer is a lie, the blame lies with the assailant. A "no" answer is a lie, as Charlie's fall did cause the vase to break.
united-states court trial judge contempt-of-court
Lawyer Alice is questioning witness Bob. Bob is not on trial, and no one has accused him of a crime. Alice demands Bob answer a particular question with either a "Yes" or a "no." Bob believes that doing so would mislead the court so greatly that he attempt to use a complete sentence, only for Alice to interrupt him and demand the one word answer. In frustration, Bob simply takes the 5th, to avoid what he believes is perjury.
What will happen to Bob now that he's taken the 5th? Will he be held in contempt of court, or will the judge be concerned and try to probe further? Assume Bob is unaware of the concept of rebuttal questions.
In case the specific fact pattern is required: Bob witnessed Charlie be hit with a baseball bat, which resulted in Charlie knocking over (and breaking) a vase. Alice is asking if Charlie broke the vase. In Bob's mind, a "yes" answer is a lie, the blame lies with the assailant. A "no" answer is a lie, as Charlie's fall did cause the vase to break.
united-states court trial judge contempt-of-court
united-states court trial judge contempt-of-court
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GridAlienGridAlien
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Your ability to assert your Fifth Amendment right against self-incrimination is not limited to cases where you are on trial or have been accused of a crime. Your ability to assert that right is also not an absolute bar against being ordered to testify: if you are given immunity, you can be forced to testify.
Alice cannot hold Bob in contempt – only the judge can. Bob can explain to the judge why a simple truthful "yes" or "no" answer is not possible, if he knows how to do that (does he understand the notion of a false presupposition, or unclarity?). He could for example assert truthfully that he does not understand the question (pointing to the distinction between "Charlie's body falling on the vase, causing it to fall and break", and "Charlie acting with apparent intent to break the vase", since it's not patently obvious that the former scenario constitutes "breaking the vase"). However (changing the scenario a bit), he has to understand that if the question is "Did Charlie shoot Delilah?" and the fact is that Ethan forced Charlie to shoot Delilah, saying "No" based on a theory of blame is not reasonably interpreted as truthful testimony.
1
More directly to the point, the Fifth Amendment is limited to cases where you are at risk of being prosecuted for a crime you have already committed. You do not have to be given immunity to be forced to answer a question in open court and can't invoke the Fifth Amendment to be preventing from having to give a perjured answer. The resolution in practice that you suggest is a good one.
– ohwilleke
6 hours ago
add a comment |
This really depends if Alice's questions are during Direct Examination or Cross Examination.
If direct, Alice called Bob to the stand and Bob is testifying to his account of the events in support of Alice's client. Because of this Alice should be asking Bob to speak more on the matters and designed to elicit answers that are Bob's own words. Ordinarily they may not be leading questions, which are questions in which the answer is contained within the question and typically require a binary yes or no from Bob to answer. (i.e. "Did Bob break the Vase?"). The opposing council would object on the grounds that Alice is leading the witness, which the judge will either sustain or overrule. Overrule will require Bob to answer but the more likely sustain will have the judge instruct the question to be stricken from the record and any answer Bob gave to be disregarded by the jury when in deliberations. Alice may be permitted to rephrase the question ("Who Broke the Vase?") which will allow Bob to explain his account of the events in full.
Leading Questions may be asked in direct if Alice first asks the judge for permission to treat Bob as a hostile witness and the judge grants permission. Usually, this means Bob is uncooperative with Alice but is offering testimony in a case or Bob has impeached himself by saying one thing in testimony that conflicts with his sworn affidative or other account. Typically it could also mean Bob has a special circumstance that makes him unable to grasp the situation (such as Bob is a child and doesn't grasp the seriousness or the point of a more open question). Either rate, Alice did call Bob and knows what she wants him to say pertinant to her case and thus, she would have likely coached him prior to the trial even beginnning on to how to answer any question she asks.
With that said, leading questions are permitted and almost exclusively asked in Cross-Examination as the Attorney did not call the witness and is trying to impeach (show the witness is unreliable) and thus the witness is opposed to the Cross examination's questions and thus permitted to be assumed a Hostile Witness.
While the leading nature of "Did Charlie Break the Vase?" it still can be objected too as it may set up to unfairly prejudice Charlie to the Jury. It is for the judge to decide which standards the prosecution must meet to claim that a law is broken (questions of law) and the jury to judge if Charlie's actions and behavior meet those standards and Alice is only supposed to be countering Charlie's statement. It's not clear as to Leading questions example as we're not sure as to who is on trial for what, and it could be relevent that Charlie broke the vase. In your scenario, Yes is a truthful statement as Bob is not allowed to give his opinion on Charlie's guilt but what happened. Charlie did physically break the vase regardless of whether he criminally broke the vase. Bob can answer this as it is a lie and is not in a damned if you do, damned if you do not.
Additionally, while Alice may move on quickly, and not permit Bob to clarify his statement, Alice is not permitted to instruct him as to how to answer the question. The judge will instruct him as to whether or not invoking the fifth is permissible at this time. Alice either demanding a specific binary choice of answers, or refusing to accept his attempted answer and demanding the binary as the only possible answer would be objectionable on the grounds of badgering the witness, which is specifically asking the witness a question without allowing the witness to answer OR Mocking him and is likely to really piss off the judge who might hold Alice in contempt of court (especially if she was twice objected to... despite what the TV's show, Judges take a very dim view of lawyers who behave in this manor and do so very quickly. At this point, Alice will certainly get a dressing down from the judge as part of his instructions to the record and if he doesn't charge Alice with contempt, he will likely threaten to do so if Alice doesn't stop her antics). Make no mistake, it's Alice who is out of line, not poor Bob who she scared into thinking he's in legal jeopardy.
Finally, even if this wasn't objected too or was overruled (shockingly!), Bob is not left testifying to this as there will be a re-direct (and re-cross) where both council's will be allowed to ask questions of Bob to clarify issues previously discussed. It is here where the direct council will be allowed to ask Bob if Charlie was conscious when he broke the vase and clarify the ambiguity the cross-question created.
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2 Answers
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Your ability to assert your Fifth Amendment right against self-incrimination is not limited to cases where you are on trial or have been accused of a crime. Your ability to assert that right is also not an absolute bar against being ordered to testify: if you are given immunity, you can be forced to testify.
Alice cannot hold Bob in contempt – only the judge can. Bob can explain to the judge why a simple truthful "yes" or "no" answer is not possible, if he knows how to do that (does he understand the notion of a false presupposition, or unclarity?). He could for example assert truthfully that he does not understand the question (pointing to the distinction between "Charlie's body falling on the vase, causing it to fall and break", and "Charlie acting with apparent intent to break the vase", since it's not patently obvious that the former scenario constitutes "breaking the vase"). However (changing the scenario a bit), he has to understand that if the question is "Did Charlie shoot Delilah?" and the fact is that Ethan forced Charlie to shoot Delilah, saying "No" based on a theory of blame is not reasonably interpreted as truthful testimony.
1
More directly to the point, the Fifth Amendment is limited to cases where you are at risk of being prosecuted for a crime you have already committed. You do not have to be given immunity to be forced to answer a question in open court and can't invoke the Fifth Amendment to be preventing from having to give a perjured answer. The resolution in practice that you suggest is a good one.
– ohwilleke
6 hours ago
add a comment |
Your ability to assert your Fifth Amendment right against self-incrimination is not limited to cases where you are on trial or have been accused of a crime. Your ability to assert that right is also not an absolute bar against being ordered to testify: if you are given immunity, you can be forced to testify.
Alice cannot hold Bob in contempt – only the judge can. Bob can explain to the judge why a simple truthful "yes" or "no" answer is not possible, if he knows how to do that (does he understand the notion of a false presupposition, or unclarity?). He could for example assert truthfully that he does not understand the question (pointing to the distinction between "Charlie's body falling on the vase, causing it to fall and break", and "Charlie acting with apparent intent to break the vase", since it's not patently obvious that the former scenario constitutes "breaking the vase"). However (changing the scenario a bit), he has to understand that if the question is "Did Charlie shoot Delilah?" and the fact is that Ethan forced Charlie to shoot Delilah, saying "No" based on a theory of blame is not reasonably interpreted as truthful testimony.
1
More directly to the point, the Fifth Amendment is limited to cases where you are at risk of being prosecuted for a crime you have already committed. You do not have to be given immunity to be forced to answer a question in open court and can't invoke the Fifth Amendment to be preventing from having to give a perjured answer. The resolution in practice that you suggest is a good one.
– ohwilleke
6 hours ago
add a comment |
Your ability to assert your Fifth Amendment right against self-incrimination is not limited to cases where you are on trial or have been accused of a crime. Your ability to assert that right is also not an absolute bar against being ordered to testify: if you are given immunity, you can be forced to testify.
Alice cannot hold Bob in contempt – only the judge can. Bob can explain to the judge why a simple truthful "yes" or "no" answer is not possible, if he knows how to do that (does he understand the notion of a false presupposition, or unclarity?). He could for example assert truthfully that he does not understand the question (pointing to the distinction between "Charlie's body falling on the vase, causing it to fall and break", and "Charlie acting with apparent intent to break the vase", since it's not patently obvious that the former scenario constitutes "breaking the vase"). However (changing the scenario a bit), he has to understand that if the question is "Did Charlie shoot Delilah?" and the fact is that Ethan forced Charlie to shoot Delilah, saying "No" based on a theory of blame is not reasonably interpreted as truthful testimony.
Your ability to assert your Fifth Amendment right against self-incrimination is not limited to cases where you are on trial or have been accused of a crime. Your ability to assert that right is also not an absolute bar against being ordered to testify: if you are given immunity, you can be forced to testify.
Alice cannot hold Bob in contempt – only the judge can. Bob can explain to the judge why a simple truthful "yes" or "no" answer is not possible, if he knows how to do that (does he understand the notion of a false presupposition, or unclarity?). He could for example assert truthfully that he does not understand the question (pointing to the distinction between "Charlie's body falling on the vase, causing it to fall and break", and "Charlie acting with apparent intent to break the vase", since it's not patently obvious that the former scenario constitutes "breaking the vase"). However (changing the scenario a bit), he has to understand that if the question is "Did Charlie shoot Delilah?" and the fact is that Ethan forced Charlie to shoot Delilah, saying "No" based on a theory of blame is not reasonably interpreted as truthful testimony.
answered 8 hours ago
user6726user6726
66.7k4 gold badges70 silver badges123 bronze badges
66.7k4 gold badges70 silver badges123 bronze badges
1
More directly to the point, the Fifth Amendment is limited to cases where you are at risk of being prosecuted for a crime you have already committed. You do not have to be given immunity to be forced to answer a question in open court and can't invoke the Fifth Amendment to be preventing from having to give a perjured answer. The resolution in practice that you suggest is a good one.
– ohwilleke
6 hours ago
add a comment |
1
More directly to the point, the Fifth Amendment is limited to cases where you are at risk of being prosecuted for a crime you have already committed. You do not have to be given immunity to be forced to answer a question in open court and can't invoke the Fifth Amendment to be preventing from having to give a perjured answer. The resolution in practice that you suggest is a good one.
– ohwilleke
6 hours ago
1
1
More directly to the point, the Fifth Amendment is limited to cases where you are at risk of being prosecuted for a crime you have already committed. You do not have to be given immunity to be forced to answer a question in open court and can't invoke the Fifth Amendment to be preventing from having to give a perjured answer. The resolution in practice that you suggest is a good one.
– ohwilleke
6 hours ago
More directly to the point, the Fifth Amendment is limited to cases where you are at risk of being prosecuted for a crime you have already committed. You do not have to be given immunity to be forced to answer a question in open court and can't invoke the Fifth Amendment to be preventing from having to give a perjured answer. The resolution in practice that you suggest is a good one.
– ohwilleke
6 hours ago
add a comment |
This really depends if Alice's questions are during Direct Examination or Cross Examination.
If direct, Alice called Bob to the stand and Bob is testifying to his account of the events in support of Alice's client. Because of this Alice should be asking Bob to speak more on the matters and designed to elicit answers that are Bob's own words. Ordinarily they may not be leading questions, which are questions in which the answer is contained within the question and typically require a binary yes or no from Bob to answer. (i.e. "Did Bob break the Vase?"). The opposing council would object on the grounds that Alice is leading the witness, which the judge will either sustain or overrule. Overrule will require Bob to answer but the more likely sustain will have the judge instruct the question to be stricken from the record and any answer Bob gave to be disregarded by the jury when in deliberations. Alice may be permitted to rephrase the question ("Who Broke the Vase?") which will allow Bob to explain his account of the events in full.
Leading Questions may be asked in direct if Alice first asks the judge for permission to treat Bob as a hostile witness and the judge grants permission. Usually, this means Bob is uncooperative with Alice but is offering testimony in a case or Bob has impeached himself by saying one thing in testimony that conflicts with his sworn affidative or other account. Typically it could also mean Bob has a special circumstance that makes him unable to grasp the situation (such as Bob is a child and doesn't grasp the seriousness or the point of a more open question). Either rate, Alice did call Bob and knows what she wants him to say pertinant to her case and thus, she would have likely coached him prior to the trial even beginnning on to how to answer any question she asks.
With that said, leading questions are permitted and almost exclusively asked in Cross-Examination as the Attorney did not call the witness and is trying to impeach (show the witness is unreliable) and thus the witness is opposed to the Cross examination's questions and thus permitted to be assumed a Hostile Witness.
While the leading nature of "Did Charlie Break the Vase?" it still can be objected too as it may set up to unfairly prejudice Charlie to the Jury. It is for the judge to decide which standards the prosecution must meet to claim that a law is broken (questions of law) and the jury to judge if Charlie's actions and behavior meet those standards and Alice is only supposed to be countering Charlie's statement. It's not clear as to Leading questions example as we're not sure as to who is on trial for what, and it could be relevent that Charlie broke the vase. In your scenario, Yes is a truthful statement as Bob is not allowed to give his opinion on Charlie's guilt but what happened. Charlie did physically break the vase regardless of whether he criminally broke the vase. Bob can answer this as it is a lie and is not in a damned if you do, damned if you do not.
Additionally, while Alice may move on quickly, and not permit Bob to clarify his statement, Alice is not permitted to instruct him as to how to answer the question. The judge will instruct him as to whether or not invoking the fifth is permissible at this time. Alice either demanding a specific binary choice of answers, or refusing to accept his attempted answer and demanding the binary as the only possible answer would be objectionable on the grounds of badgering the witness, which is specifically asking the witness a question without allowing the witness to answer OR Mocking him and is likely to really piss off the judge who might hold Alice in contempt of court (especially if she was twice objected to... despite what the TV's show, Judges take a very dim view of lawyers who behave in this manor and do so very quickly. At this point, Alice will certainly get a dressing down from the judge as part of his instructions to the record and if he doesn't charge Alice with contempt, he will likely threaten to do so if Alice doesn't stop her antics). Make no mistake, it's Alice who is out of line, not poor Bob who she scared into thinking he's in legal jeopardy.
Finally, even if this wasn't objected too or was overruled (shockingly!), Bob is not left testifying to this as there will be a re-direct (and re-cross) where both council's will be allowed to ask questions of Bob to clarify issues previously discussed. It is here where the direct council will be allowed to ask Bob if Charlie was conscious when he broke the vase and clarify the ambiguity the cross-question created.
add a comment |
This really depends if Alice's questions are during Direct Examination or Cross Examination.
If direct, Alice called Bob to the stand and Bob is testifying to his account of the events in support of Alice's client. Because of this Alice should be asking Bob to speak more on the matters and designed to elicit answers that are Bob's own words. Ordinarily they may not be leading questions, which are questions in which the answer is contained within the question and typically require a binary yes or no from Bob to answer. (i.e. "Did Bob break the Vase?"). The opposing council would object on the grounds that Alice is leading the witness, which the judge will either sustain or overrule. Overrule will require Bob to answer but the more likely sustain will have the judge instruct the question to be stricken from the record and any answer Bob gave to be disregarded by the jury when in deliberations. Alice may be permitted to rephrase the question ("Who Broke the Vase?") which will allow Bob to explain his account of the events in full.
Leading Questions may be asked in direct if Alice first asks the judge for permission to treat Bob as a hostile witness and the judge grants permission. Usually, this means Bob is uncooperative with Alice but is offering testimony in a case or Bob has impeached himself by saying one thing in testimony that conflicts with his sworn affidative or other account. Typically it could also mean Bob has a special circumstance that makes him unable to grasp the situation (such as Bob is a child and doesn't grasp the seriousness or the point of a more open question). Either rate, Alice did call Bob and knows what she wants him to say pertinant to her case and thus, she would have likely coached him prior to the trial even beginnning on to how to answer any question she asks.
With that said, leading questions are permitted and almost exclusively asked in Cross-Examination as the Attorney did not call the witness and is trying to impeach (show the witness is unreliable) and thus the witness is opposed to the Cross examination's questions and thus permitted to be assumed a Hostile Witness.
While the leading nature of "Did Charlie Break the Vase?" it still can be objected too as it may set up to unfairly prejudice Charlie to the Jury. It is for the judge to decide which standards the prosecution must meet to claim that a law is broken (questions of law) and the jury to judge if Charlie's actions and behavior meet those standards and Alice is only supposed to be countering Charlie's statement. It's not clear as to Leading questions example as we're not sure as to who is on trial for what, and it could be relevent that Charlie broke the vase. In your scenario, Yes is a truthful statement as Bob is not allowed to give his opinion on Charlie's guilt but what happened. Charlie did physically break the vase regardless of whether he criminally broke the vase. Bob can answer this as it is a lie and is not in a damned if you do, damned if you do not.
Additionally, while Alice may move on quickly, and not permit Bob to clarify his statement, Alice is not permitted to instruct him as to how to answer the question. The judge will instruct him as to whether or not invoking the fifth is permissible at this time. Alice either demanding a specific binary choice of answers, or refusing to accept his attempted answer and demanding the binary as the only possible answer would be objectionable on the grounds of badgering the witness, which is specifically asking the witness a question without allowing the witness to answer OR Mocking him and is likely to really piss off the judge who might hold Alice in contempt of court (especially if she was twice objected to... despite what the TV's show, Judges take a very dim view of lawyers who behave in this manor and do so very quickly. At this point, Alice will certainly get a dressing down from the judge as part of his instructions to the record and if he doesn't charge Alice with contempt, he will likely threaten to do so if Alice doesn't stop her antics). Make no mistake, it's Alice who is out of line, not poor Bob who she scared into thinking he's in legal jeopardy.
Finally, even if this wasn't objected too or was overruled (shockingly!), Bob is not left testifying to this as there will be a re-direct (and re-cross) where both council's will be allowed to ask questions of Bob to clarify issues previously discussed. It is here where the direct council will be allowed to ask Bob if Charlie was conscious when he broke the vase and clarify the ambiguity the cross-question created.
add a comment |
This really depends if Alice's questions are during Direct Examination or Cross Examination.
If direct, Alice called Bob to the stand and Bob is testifying to his account of the events in support of Alice's client. Because of this Alice should be asking Bob to speak more on the matters and designed to elicit answers that are Bob's own words. Ordinarily they may not be leading questions, which are questions in which the answer is contained within the question and typically require a binary yes or no from Bob to answer. (i.e. "Did Bob break the Vase?"). The opposing council would object on the grounds that Alice is leading the witness, which the judge will either sustain or overrule. Overrule will require Bob to answer but the more likely sustain will have the judge instruct the question to be stricken from the record and any answer Bob gave to be disregarded by the jury when in deliberations. Alice may be permitted to rephrase the question ("Who Broke the Vase?") which will allow Bob to explain his account of the events in full.
Leading Questions may be asked in direct if Alice first asks the judge for permission to treat Bob as a hostile witness and the judge grants permission. Usually, this means Bob is uncooperative with Alice but is offering testimony in a case or Bob has impeached himself by saying one thing in testimony that conflicts with his sworn affidative or other account. Typically it could also mean Bob has a special circumstance that makes him unable to grasp the situation (such as Bob is a child and doesn't grasp the seriousness or the point of a more open question). Either rate, Alice did call Bob and knows what she wants him to say pertinant to her case and thus, she would have likely coached him prior to the trial even beginnning on to how to answer any question she asks.
With that said, leading questions are permitted and almost exclusively asked in Cross-Examination as the Attorney did not call the witness and is trying to impeach (show the witness is unreliable) and thus the witness is opposed to the Cross examination's questions and thus permitted to be assumed a Hostile Witness.
While the leading nature of "Did Charlie Break the Vase?" it still can be objected too as it may set up to unfairly prejudice Charlie to the Jury. It is for the judge to decide which standards the prosecution must meet to claim that a law is broken (questions of law) and the jury to judge if Charlie's actions and behavior meet those standards and Alice is only supposed to be countering Charlie's statement. It's not clear as to Leading questions example as we're not sure as to who is on trial for what, and it could be relevent that Charlie broke the vase. In your scenario, Yes is a truthful statement as Bob is not allowed to give his opinion on Charlie's guilt but what happened. Charlie did physically break the vase regardless of whether he criminally broke the vase. Bob can answer this as it is a lie and is not in a damned if you do, damned if you do not.
Additionally, while Alice may move on quickly, and not permit Bob to clarify his statement, Alice is not permitted to instruct him as to how to answer the question. The judge will instruct him as to whether or not invoking the fifth is permissible at this time. Alice either demanding a specific binary choice of answers, or refusing to accept his attempted answer and demanding the binary as the only possible answer would be objectionable on the grounds of badgering the witness, which is specifically asking the witness a question without allowing the witness to answer OR Mocking him and is likely to really piss off the judge who might hold Alice in contempt of court (especially if she was twice objected to... despite what the TV's show, Judges take a very dim view of lawyers who behave in this manor and do so very quickly. At this point, Alice will certainly get a dressing down from the judge as part of his instructions to the record and if he doesn't charge Alice with contempt, he will likely threaten to do so if Alice doesn't stop her antics). Make no mistake, it's Alice who is out of line, not poor Bob who she scared into thinking he's in legal jeopardy.
Finally, even if this wasn't objected too or was overruled (shockingly!), Bob is not left testifying to this as there will be a re-direct (and re-cross) where both council's will be allowed to ask questions of Bob to clarify issues previously discussed. It is here where the direct council will be allowed to ask Bob if Charlie was conscious when he broke the vase and clarify the ambiguity the cross-question created.
This really depends if Alice's questions are during Direct Examination or Cross Examination.
If direct, Alice called Bob to the stand and Bob is testifying to his account of the events in support of Alice's client. Because of this Alice should be asking Bob to speak more on the matters and designed to elicit answers that are Bob's own words. Ordinarily they may not be leading questions, which are questions in which the answer is contained within the question and typically require a binary yes or no from Bob to answer. (i.e. "Did Bob break the Vase?"). The opposing council would object on the grounds that Alice is leading the witness, which the judge will either sustain or overrule. Overrule will require Bob to answer but the more likely sustain will have the judge instruct the question to be stricken from the record and any answer Bob gave to be disregarded by the jury when in deliberations. Alice may be permitted to rephrase the question ("Who Broke the Vase?") which will allow Bob to explain his account of the events in full.
Leading Questions may be asked in direct if Alice first asks the judge for permission to treat Bob as a hostile witness and the judge grants permission. Usually, this means Bob is uncooperative with Alice but is offering testimony in a case or Bob has impeached himself by saying one thing in testimony that conflicts with his sworn affidative or other account. Typically it could also mean Bob has a special circumstance that makes him unable to grasp the situation (such as Bob is a child and doesn't grasp the seriousness or the point of a more open question). Either rate, Alice did call Bob and knows what she wants him to say pertinant to her case and thus, she would have likely coached him prior to the trial even beginnning on to how to answer any question she asks.
With that said, leading questions are permitted and almost exclusively asked in Cross-Examination as the Attorney did not call the witness and is trying to impeach (show the witness is unreliable) and thus the witness is opposed to the Cross examination's questions and thus permitted to be assumed a Hostile Witness.
While the leading nature of "Did Charlie Break the Vase?" it still can be objected too as it may set up to unfairly prejudice Charlie to the Jury. It is for the judge to decide which standards the prosecution must meet to claim that a law is broken (questions of law) and the jury to judge if Charlie's actions and behavior meet those standards and Alice is only supposed to be countering Charlie's statement. It's not clear as to Leading questions example as we're not sure as to who is on trial for what, and it could be relevent that Charlie broke the vase. In your scenario, Yes is a truthful statement as Bob is not allowed to give his opinion on Charlie's guilt but what happened. Charlie did physically break the vase regardless of whether he criminally broke the vase. Bob can answer this as it is a lie and is not in a damned if you do, damned if you do not.
Additionally, while Alice may move on quickly, and not permit Bob to clarify his statement, Alice is not permitted to instruct him as to how to answer the question. The judge will instruct him as to whether or not invoking the fifth is permissible at this time. Alice either demanding a specific binary choice of answers, or refusing to accept his attempted answer and demanding the binary as the only possible answer would be objectionable on the grounds of badgering the witness, which is specifically asking the witness a question without allowing the witness to answer OR Mocking him and is likely to really piss off the judge who might hold Alice in contempt of court (especially if she was twice objected to... despite what the TV's show, Judges take a very dim view of lawyers who behave in this manor and do so very quickly. At this point, Alice will certainly get a dressing down from the judge as part of his instructions to the record and if he doesn't charge Alice with contempt, he will likely threaten to do so if Alice doesn't stop her antics). Make no mistake, it's Alice who is out of line, not poor Bob who she scared into thinking he's in legal jeopardy.
Finally, even if this wasn't objected too or was overruled (shockingly!), Bob is not left testifying to this as there will be a re-direct (and re-cross) where both council's will be allowed to ask questions of Bob to clarify issues previously discussed. It is here where the direct council will be allowed to ask Bob if Charlie was conscious when he broke the vase and clarify the ambiguity the cross-question created.
answered 5 hours ago
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