https://www.gocomics.com/herman/2021/07/18/?ref=comics

Cartoon with the following dialog/panels:

Clerk: Raise your right hand. Do you swear to tell the truth, the whole
truth and nothing but the truth?

Witness: No.

*Silent look from the judge towards the witness*

Judge: *looking forward again* Next witness.

============================================

What would realistically happen in a case like this? I believe the judge
can find the witness in contempt of court and lock him away until/unless
he testifies, right? But what if the witness is locked away and
continues to refuse to be sworn in? They can't exactly put the trial on
pause (although they could continue with the other witnesses, if any,
and try to come back to that one.) The witness definitely can't be
charged with purjury. And if he holds out till the end of the trial, he
may have been the one to make the difference between the jury saying "we
find her guilty" and "we find her not guilty."

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"Mike Anderson" wrote in message news:sd4kmc$6vl$1@dont-email.me...

https://www.gocomics.com/herman/2021/07/18/?ref=comics

Cartoon with the following dialog/panels:

Clerk: Raise your right hand. Do you swear to tell the truth, the whole
truth and nothing but the truth?

Witness: No.

*Silent look from the judge towards the witness*

Judge: *looking forward again* Next witness.

============================================

What would realistically happen in a case like this? I believe the judge
can find the witness in contempt of court and lock him away until/unless he >testifies, right? But what if the witness is locked away and continues to >refuse to be sworn in? They can't exactly put the trial on pause (although >they could continue with the other witnesses, if any, and try to come back
to that one.) The witness definitely can't be charged with purjury. And if
he holds out till the end of the trial, he may have been the one to make
the difference between the jury saying "we find her guilty" and "we find
her not guilty."

But this is no different from any other situation where a witness is unavailable. Sometimes a witness is missing or can't be located to receive
a subpoena, sometimes the witness is ill or unable to testify for medical reasons, and sometimes the witness is dead. And sometimes the identity of a key witness just isn't known to the attorney. There are any number of
reasons why a needed witness doesn't testify and, yes, one such reason is
the witness refuses to testify. It happens. And when it does, the
inability or refusal of a witness to testify can certainly make a difference
in a case.

--

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