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Testimony is a solemn attestation as to the truth of a matter.
The words "testimony" and "testify" both derive from theLatin wordtestis, referring to the notion of a disinterestedthird-party witness.[1][2]
In thelaw, testimony is a form ofevidence in which awitness makes a "solemn declaration or affirmation ... for the purpose of establishing or proving some fact".[3] According toBryan A. Garner, the editor ofBlack's Law Dictionary, the word "testimony" is properly used as amass noun (that is, always uninflected regardless ofnumber), and not acount noun.[4]
Testimony may be oral or written, and it is usually made byoath oraffirmation under penalty ofperjury. Historically, to be admissible in court and to ensure maximum reliability and validity, written testimony presented in the form of anaffidavit (i.e., the witness would not be appearing in court at the hearing at which the affidavit was considered as evidence) was usually witnessed by another person (in many common law jurisdictions, anotary public) who had to also swear to or affirm its authenticity, also under penalty of perjury. In 1976, theUnited States Congress enacted a statute allowing for the use of an unsworn declaration under penalty of perjury in lieu of an affidavit infederal courts.[5] In other words, the declarant's signature together with a statement that they were making the unsworn declaration under penalty of perjury were deemed as a matter of law to be sufficiently solemn to remind the declarant of their duty to speak the truth, the whole truth, and nothing but the truth (meaning notarization was no longer required).[5] As of 2006, about 20 states also had similar statutes allowing the use of unsworn declarations in theirstate courts.[5]
Unless a witness is testifying as anexpert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony.
Legitimate expert witnesses with a genuine understanding of legal process and the inherent dangers of false or misleading testimony refrain from making statements of fact. They also recognize that they are in fact not witnesses to an alleged crime or other event in any way, shape or form. Their expertise is in the examination of evidence or relevant facts in the case. They should make no firm judgement or claim or accusation about any aspect of the case outside their narrow range of expertise. They also should not allege any fact they can not immediately and credibly prove scientifically.
For example, a hair sample from a crime scene entered as evidence by the prosecution should be described by an expert witness as "consistent with" a sample collected from the defendant, rather than being described as a "match". A wide range of factors make it physically impossible to prove for certain that two hair or tissue samples came from a common source.
Having not actually witnessed the defendant at the scene, the expert witness can not state for a fact that the sample is a match to the defendant, particularly when the samples were collected at different times and different places by different collectors using different collection methods. Ultimately, the testimony of expert witnesses is regarded as supportive of evidence rather than evidence in and of itself, and a good defense attorney will point out that the expert witness is not in fact a witness to anything, but rather an observer.
When a witness is asked a question, the opposing attorney can raise anobjection, which is a legal move to disallow or prevent an improper question to others, preferably before the witness answers, and mentioning one of the standard reasons, including:
There may also be an objection to the answer, including:
Up until the mid-20th century, in much of theUnited States, an attorney often had to follow an objection with anexception to preserve the issue for appeal. If an attorney failed to "take an exception" immediately after the court's ruling on the objection, he waived his client's right to appeal the issue. Exceptions have since been abolished, due to the widespread recognition that forcing lawyers to take them was a waste of time.
When a party uses the testimony of a witness to show proof, the opposing party often attempts toimpeach the witness. This may be done usingcross-examination, calling into question the witness'scompetence, or by attacking thecharacter orhabit of the witness. So, for example, if a witness testifies that he remembers seeing a person at 2:00 pm on a Tuesday and his habit is to be at his desk job on Tuesday, then the opposing party would try to impeach his testimony related to that event.
Testimony is given by those invited or compelled to speak at, or submit a written statement to, legislative hearings such asUnited States congressional hearings.[6][7]
Testimony may also be given to a regulatory agency as part of the process of making or changingregulations.[8]
Christians in general, especially within theEvangelical tradition, use the term "to testify" or "to give one's testimony" to mean "to tell the story of how one became a Christian". Commonly it may refer to a specific event in a Christian's life in which God did something deemed particularly worthsharing. Christians often give their testimony at their ownbaptism,church services, and atevangelistic events. Many Christians have also published their testimony on the internet.[9]
After theearly church began to preach about the death and resurrection ofJesus Christ,Peter and the otherapostles asserted that "we are witnesses of these things".[10]Pope Francis has commented on Peter being "strong in his testimony", describing "testimony" as the "lifeblood" of the church.[11]
In addition to emphasizing faith and holiness,Methodism holds that "Scripture does teach the necessity of confession of sins (1 Jn 1:0), repentance (Luk 13:3,5. Ac 2:38, Ac 3:19, 2 Co 7:10, 2 Pe 3:9), and a testimony that one has chosen to follow Christ (Ro 10:9-10)."[12] Methodist churches in theholiness tradition devote a portion of their Sunday evening service and/or mid-week Wednesday evening service of worship to allow members to give a personal testimony about their faith and experiences in living the Christian life:[13]
203.What do we mean by testimony?
By testimony we usually mean witnessing before others to the fact that God has forgiven our sins.
204.Who is benefited by testimony?
A testimony will help the one who makes it—it will strengthen his faith. It is also an encouragement to those who hear.
205.What does the Bible say about testimony?
"With the heart man believeth unto righteousness; and with the mouth confession is made unto salvation" (Rom. 10:10)."And they overcame him by the blood of the Lamb, and by the word of their testimony" (Rev. 12:11). —Catechism of the Pillar of Fire Church[13]
In theReligious Society of Friends, the wordtestimony is used to refer to the ways in whichFriendstestify orbear witness to their beliefs in their everyday lives. In this context, the wordtestimony refers not to the underlying belief, but the committed action which arises out of their beliefs, whichtestifies to their beliefs. Common areas in which modernFriends are said[by whom?] to testify includetestimony towards peace,testimony to simplicity,testimony to truth and integrity, andtestimony to equality.
In somereligions (most notablyMormonism andIslam) many adherents testify as a profession of theirfaith, often to a congregation of believers. InMormonism, testifying is also referred to as "bearing one's testimony", and often involves the sharing of personal experience—ranging from a simple anecdote to an account ofpersonal revelation—followed by a statement of belief that has been confirmed by this experience. WithinMormonculture, the word "testimony"[14] has become synonymous with "belief". Although "testimony" and "belief" are often used interchangeably, they are inherently different. Most Mormons believe that when faith is acted upon, individuals can receive a spiritual witness which solidifies belief into testimony; that if the exercise of faith leads to good works, they can know their religious principles are true. An individual who no longer believes in the religion may be referred to as having "lost their testimony".
In the context oflarge-group awareness training, anecdotal testimony may operate in the forms of "sharing" or delivering a "share".[15][16]
Some publishedoral or writtenautobiographicalnarratives are considered "testimonialliterature" particularly when they presentevidence orfirst person accounts ofhuman rights abuses,violence andwar, and living under conditions of socialoppression. This usage of the term comes originally fromLatin America and the Spanish term"testimonio" when it emerged from human rightstribunals,truth commissions, and otherinternational human rights instruments in countries such asChile andArgentina. One of the most famous, though controversial, of these works to be translated into English isI, Rigoberta Menchú. The autobiographies ofFrederick Douglass can be considered among the earliest significant English-language works in thisgenre. The biographies of marginalized women such asJesusita Aragon andMaria Elena Lucas, made from recordings and transcriptions by oral historianFran Leeper Buss, are more recent examples.[17]
Inphilosophy, testimony is a proposition conveyed by one entity (person or group) to another entity, whether through speech or writing or through facial expression, that is based on the entity's knowledge base.[18] The proposition believed on the basis of a testimony is justified if conditions are met which assess, among other things, the speaker's reliability (whether her testimony is true often) and the hearer's possession of positive reasons (for instance, that the speaker is unbiased).[19]
We can also rationally accept a claim on the basis of another person's testimony unless at least one of the following is found to be true:
The possibility of treatment contagion is especially relevant [...]. because LGAT participants are asked to 'share' their experiences with members of their social network (Bry, 1976; Winstow, 1986).
The trainees are instructed to applaud following each sharing.
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