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Nimue (Nimue)
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Posted on Sunday, March 06, 2011 - 8:29 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Lawyers often try to discredit witnesses by asking a certain question. There's an obvious answer, but no witness ever gives it--at least not on "Law & Order." What is it??
Doriana (Doriana)
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Posted on Sunday, March 06, 2011 - 9:57 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Is the question related to the witnesses' personal lives? To their alibis? To their relationship to the defendant?
Nimue (Nimue)
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Posted on Sunday, March 06, 2011 - 10:02 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Doriana (Doriana)
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Posted on Sunday, March 06, 2011 - 9:57 pm: Edit PostDelete PostView Post/Check IPPrint Post Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)
Is the question related to the witnesses' personal lives? To their alibis? To their relationship to the defendant? no to all
Balin (Balin)
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Posted on Monday, March 07, 2011 - 12:36 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Is the question related to their honesty? Their age?

Does the obvious answer give credibility to the witness?
Gregoryuconn (Gregoryuconn)
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Posted on Monday, March 07, 2011 - 1:31 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Do you swear (or affirm) to tell the truth, the whole truth, and nothing but the truth, so help you God?
Nimue (Nimue)
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Posted on Monday, March 07, 2011 - 6:40 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Balin (Balin)
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Is the question related to their honesty yes Their age? no

Does the obvious answer give credibility to the witness? yes
Gregoryuconn (Gregoryuconn)
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Do you swear (or affirm) to tell the truth, the whole truth, and nothing but the truth, so help you God? no
Doriana (Doriana)
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Posted on Monday, March 07, 2011 - 6:46 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Is it a question that can be answered with yes or no?
Nimue (Nimue)
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Doriana (Doriana)
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Is it a question that can be answered with yes or no? no
Balin (Balin)
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Posted on Tuesday, March 08, 2011 - 1:33 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Is it a question about the case? The defendant?
Peter365 (Peter365)
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Posted on Tuesday, March 08, 2011 - 1:43 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Anthing to do with their eyesight?

Or is it something like "how can you be so sure?"
Nimue (Nimue)
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Posted on Tuesday, March 08, 2011 - 4:27 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Balin (Balin)
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Is it a question about the case? no The defendant? no
Peter365 (Peter365)
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Anthing to do with their eyesight?no

Or is it something like "how can you be so sure?" no
Shez (Shez)
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Posted on Tuesday, March 08, 2011 - 6:15 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

is it a question about the witness?
Nimue (Nimue)
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is it a question about the witness? yes
Noel (Noel)
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Posted on Tuesday, March 08, 2011 - 9:07 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Is the question about the witness's physical characteristics? habits? preferences? hobbies? secrets? behaviors? property?
Kaygee (Kaygee)
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Posted on Wednesday, March 09, 2011 - 12:41 am:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Questions about being coached or prompted by the prosecution? Being paid for their testimony?
Shez (Shez)
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Posted on Wednesday, March 09, 2011 - 9:23 am:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

their identity?
Peter365 (Peter365)
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Posted on Wednesday, March 09, 2011 - 2:50 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Would this question be reserved for eye witnesses or could it be asked of a character witness or something similar?
Is there an inference in the question that the witness is lying ? mistaken? unsure? driven by some ulterior motive?

Would a prosecutor be more likely to ask this question ?
Peter365 (Peter365)
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Posted on Wednesday, March 09, 2011 - 2:56 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

One final question (he said trying to sound lawyerly) does this question often prompt an objection from the opposing counsel?
Nimue (Nimue)
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Posted on Wednesday, March 09, 2011 - 3:51 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Noel (Noel)
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Is the question about the witness's physical characteristics? no habits? yesish preferences? noish hobbies? no secrets? noishbehaviors? yes property?no
Kaygee (Kaygee)
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Questions about being coached or prompted by the prosecution? noBeing paid for their testimony? no
Shez (Shez)
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their identity? no
Peter365 (Peter365)
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Would this question be reserved for eye witnesses or could it be asked of a character witness or something similar?
Is there an inference in the question that the witness is lying ? yesmistaken? nounsure? no driven by some ulterior motive? possibly

Would a prosecutor be more likely to ask this question ? no
Peter365 (Peter365)
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Posted on Wednesday, March 09, 2011 - 2:56 pm: Edit PostDelete PostView Post/Check IPPrint Post Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)
One final question (he said trying to sound lawyerly) does this question often prompt an objection from the opposing counsel? not on "Law & Order"
Balin (Balin)
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Posted on Wednesday, March 09, 2011 - 5:38 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Would the question be asked in cross-examination? Is the question about the crime committed? Could the question be asked of any witness?
Shez (Shez)
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Posted on Wednesday, March 09, 2011 - 6:11 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

actually "one final question" is a lot more Colombo than Perry Mason
Doriana (Doriana)
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Posted on Wednesday, March 09, 2011 - 8:28 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Could the question be asked for any kind of crime?

You said "yes" to behaviours - Their behaviour at home? at work? their daily routine? their behaviour at a special point of time?
Shez (Shez)
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Posted on Wednesday, March 09, 2011 - 8:59 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

their behaviour in terms of telling the truth?

eg have you ever told a lie?
Gregoryuconn (Gregoryuconn)
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Posted on Wednesday, March 09, 2011 - 10:01 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Lie Detectors relevant? Is it one of the sample questions they ask you to calibrate it? So you could lie to some of the sample questions you're supposed to tell the truth for and then tell the truth when you're supposed to lie, then that way when you lie for real it thinks you're telling the truth?
Redwine (Redwine)
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Posted on Thursday, March 10, 2011 - 9:01 am:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Is it a conditional question? Like If.... would you tell the truth?
Peter365 (Peter365)
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Posted on Thursday, March 10, 2011 - 10:14 am:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Nimue You missed this from my last set of questions

Would this question be reserved for eye witnesses or could it be asked of a character witness or something similar?
Nimue (Nimue)
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Posted on Thursday, March 10, 2011 - 9:07 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Balin (Balin)
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Would the question be asked in cross-examination? yes Is the question about the crime committed? no Could the question be asked of any witness? no
Shez (Shez)
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actually "one final question" is a lot more Colombo than Perry Mason
Doriana (Doriana)
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Posted on Wednesday, March 09, 2011 - 8:28 pm: Edit PostDelete PostView Post/Check IPPrint Post Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)
Could the question be asked for any kind of crime? yes

You said "yes" to behaviours - Their behaviour at home? possiblyat work? ditto their daily routine? ditto their behaviour at a special point of time? yes
Nimue (Nimue)
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Posted on Thursday, March 10, 2011 - 9:12 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Shez (Shez)
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their behaviour in terms of telling the truth? yes

eg have you ever told a lie? not quite that, but you're VERY, VERY ORT
Gregoryuconn (Gregoryuconn)
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Lie Detectors relevant? noIs it one of the sample questions they ask you to calibrate it? no So you could lie to some of the sample questions you're supposed to tell the truth for and then tell the truth when you're supposed to lie, then that way when you lie for real it thinks you're telling the truth? irrel--Lie detector results are inadmissible in American courtrooms
Redwine (Redwine)
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Is it a conditional question? no Like If.... would you tell the truth? no, but yoiu're ORT
Peter365 (Peter365)
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Posted on Thursday, March 10, 2011 - 10:14 am: Edit PostDelete PostView Post/Check IPPrint Post Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)
Nimue You missed this from my last set of questions

Would this question be reserved for eye witnesses noor could it be asked of a character witness or something similar? yes
Balin (Balin)
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Posted on Friday, March 11, 2011 - 12:47 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Asking if they know what it means to swear under oath?
Nimue (Nimue)
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Posted on Friday, March 11, 2011 - 6:42 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Balin (Balin)
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Asking if they know what it means to swear under oath? no
Docd (Docd)
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Posted on Saturday, March 12, 2011 - 12:17 am:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Is the question about perjury?
("Do you know what perjury is, Mr Smith?" or better still "Do you know what the penalty for perjury is in this state?")

or about marital infidelity? ("You've lied to your wife, how do we know you're not lying to us now?")
Nimue (Nimue)
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Posted on Saturday, March 12, 2011 - 12:12 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Docd (Docd)
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Is the question about perjury? no
("Do you know what perjury is, Mr Smith?" or better still "Do you know what the penalty for perjury is in this state?")

or about marital infidelity? possibly("You've lied to your wife, how do we know you're not lying to us now?") Yes, this could be the question, but the relevant aspect is not that it's specifically about martial infidelity. But think of an obvious reply a witness could give to this question.
Gregoryuconn (Gregoryuconn)
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Posted on Saturday, March 12, 2011 - 9:36 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

You don't?
Shez (Shez)
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Posted on Saturday, March 12, 2011 - 10:03 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

I'm under oath?
Balin (Balin)
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Posted on Sunday, March 13, 2011 - 2:41 am:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Is it a loaded question? A question about a common behavior?
Biograd (Biograd)
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Posted on Sunday, March 13, 2011 - 5:58 am:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Maybe the reply is "Well, how can I know for sure if you are telling the truth yourself?"

I know that's a wisecrack answer, but technically it's true!
Nimue (Nimue)
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Posted on Sunday, March 13, 2011 - 6:17 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

Gregoryuconn (Gregoryuconn)
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You don't?
Shez (Shez)
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I'm under oath? yes
Balin (Balin)
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Is it a loaded question? yes A question about a common behavior? yes
Biograd (Biograd)
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Posted on Sunday, March 13, 2011 - 5:58 am: Edit PostDelete PostView Post/Check IPPrint Post Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)
Maybe the reply is "Well, how can I know for sure if you are telling the truth yourself?" no

I know that's a wisecrack answer, but technically it's true!

********* SPOILER ************
On "Law & Order" witnesses are often attacked by being asked, "You lied in situation x, so why should we believe you now?" The obvious answer is: Because I'm under oath. Almost all people lie, but that doesn't mean they lie under oath." Please see my new puzzle--& all my old ones.
Shez (Shez)
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Posted on Monday, March 14, 2011 - 1:55 pm:   Edit PostDelete PostView Post/Check IPPrint Post   Move Post (Moderator/Admin Only)Ban Poster IP (Moderator/Admin only)

excellent! and so-o annoying when you know the answer. thanks

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