The Effectiveness of the Oath to Obtain a Witness' True Personal Opinion

Personal opinion means the opinion of an average person about another person, idea, or event. It is not what is commonly referred to as expert testimony. The oath is a form of soc control which demands little in the witness' form+sinting & reporting on his personal opinion. The witness need...

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Bibliographic Details
Published in:Journal of criminal law, criminology & police science criminology & police science, 1956-09, Vol.47 (3), p.284-293
Main Author: Sorensen, Robert C.
Format: Article
Language:English
Subjects:
Courtrooms
Criminal Proceedings
Criminal prosecution
Cross examination
Jurors
Legal evidence
Legal Procedure
Oaths
Opinions
Perjury
Testimony
Trial in public court
Truth
Witness testimony
Witnesses
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Summary:Personal opinion means the opinion of an average person about another person, idea, or event. It is not what is commonly referred to as expert testimony. The oath is a form of soc control which demands little in the witness' form+sinting & reporting on his personal opinion. The witness need not have exercised rigorous concern about the subject of his oath nor need he understand the ideas involved in what is being said. It Is doubtful that the witness need even agree with or believe in what he has to say, since external compulsion rather than personal conviction is the control applied. The witness is forced to tell the truth about his personal opinion `as he sees it at the moment. It is suggested that professionally conducted interviews conducted outside the courtroom should not be ignored by the courts as a device for obtaining personal opinion. Its problems are many, but it is likewise doubtful that the oath succeeds in assuring that a witness will present his full & true personal opinion. H. L. Voss.
ISSN:0022-0205
0091-4169
DOI:10.2307/1140319