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I'm no lawyer, and therefore may be invoking Cunningham's Law - if so, please correct me! According to my recollection and brief searching, sworn affidavits ta
by singingboyo 8y ago
I'm no lawyer, and therefore may be invoking Cunningham's Law - if so, please correct me!
According to my recollection and brief searching, sworn affidavits taken under oath and making false statements in a sworn affidavit is therefore considered perjury.
However, they're not usually considered as evidence without the witness is deceased or otherwise incapable of giving evidence in court. I believe they may be used to refresh a witness' memory.
Again, I'm not a lawyer, nor am I even in the US, so exact judicial conventions etc. are beyond me, but I see them as being less serious than court testimony. Possibly serious enough to get a case to court, but if witnesses are then unwilling to testify in court I suspect the case would not get far.
- tareqak 8y agoI appreciate the reply even with your admitted caveats.
- testvox 8y agoYes, it would be a violation of the Confrontation Clause of the Sixth Amendment to the United States Constitution. > In all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him;...
- TheCoelacanth 8y agoSomeone who signed a sworn affidavit would just be forced to testify. They could only choose not to testify against themselves.
- woodandsteel 8y agoI think you're right about court trials, but his is about the considerably different matter of why an election commission has decided to delay approving an election result pending further investigation.