In
law and in
religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
, testimony is a solemn attestation as to the truth of a matter.
Etymology
The words "testimony" and "testify" both derive from the
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
word ''testis'', referring to the notion of a disinterested
third-party witness.
Law
In the
law, testimony is a form of
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
that is obtained from a
witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by
oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to ...
or
affirmation
Affirmation or affirm may refer to:
Logic
* Affirmation, a declaration that something is true
* In logic, the union of the subject and predicate of a proposition
Law
* Affirmation (law), a declaration made by and allowed to those who conscienti ...
under penalty of
perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an
expert 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't 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 an
objection, 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:
* argumentative
* asked and answered
*
best evidence rule
* calls for speculation
* calls for a conclusion
*
compound question
A double-barreled question (sometimes, ''double-direct question'') is an informal fallacy. It is committed when someone asks a question that touches upon more than one issue, yet allows only for one answer.Alan Bryman, Emma Bell, ''Business resear ...
or narrative
*
hearsay
* inflammatory
* incompetent witness (e.g., child, mental or physical impairment, intoxicated)
* irrelevant, immaterial (the words "irrelevant" and "immaterial" have the same meaning under the Federal Rules of Evidence. Historically, irrelevant evidence referred to evidence that has no probative value, i.e., does not tend to prove any fact. Immaterial refers to evidence that is probative, but not as to any fact material to the case. See Black's Law Dictionary, 7th Ed.).
* lack of
foundation
*
leading question
*
privilege
* vague
*
ultimate issue testimony
There may also be an objection to the answer, including:
* non-responsive
Up until the mid-20th century, in much of the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, an attorney often had to follow an objection with an exception 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 to
impeach
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In E ...
the witness. This may be done using
cross-examination, calling into question the witness's
competence
Competence may refer to:
*Competence (geology), the resistance of a rock against deformation or plastic flow.
*Competence (human resources), a standardized requirement for an individual to properly perform a specific job
*Competence (law), the me ...
, or by attacking the
character
Character or Characters may refer to:
Arts, entertainment, and media Literature
* ''Character'' (novel), a 1936 Dutch novel by Ferdinand Bordewijk
* ''Characters'' (Theophrastus), a classical Greek set of character sketches attributed to The ...
or
habit
A habit (or wont as a humorous and formal term) is a routine of behavior that is repeated regularly and tends to occur subconsciously. 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.
Religion
Christians
Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...
in general, especially within the
Evangelical
Evangelicalism (), also called evangelical Christianity or evangelical Protestantism, is a worldwide Interdenominationalism, interdenominational movement within Protestantism, Protestant Christianity that affirms the centrality of being "bor ...
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 worth
sharing. Christians often give their testimony at their own
baptism
Baptism (from grc-x-koine, βάπτισμα, váptisma) is a form of ritual purification—a characteristic of many religions throughout time and geography. In Christianity, it is a Christian sacrament of initiation and adoption, almost inv ...
,
church service
A church service (or a service of worship) is a formalized period of Christian communal worship, often held in a church building. It often but not exclusively occurs on Sunday, or Saturday in the case of those churches practicing seventh-day Sa ...
s, and at
evangelistic
In Christianity, evangelism (or witnessing) is the act of preaching the gospel with the intention of sharing the message and teachings of Jesus Christ.
Christians who specialize in evangelism are often known as evangelists, whether they are in ...
events. Many Christians have also published their testimonies on the internet.
New Testament
After the
early church
Early Christianity (up to the First Council of Nicaea in 325) spread from the Levant, across the Roman Empire, and beyond. Originally, this progression was closely connected to already established Jewish centers in the Holy Land and the Jewish ...
began to preach about the death and resurrection of
Jesus Christ
Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label=Hebrew/Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and religious ...
,
Peter and the other
apostles
An apostle (), in its literal sense, is an emissary, from Ancient Greek ἀπόστολος (''apóstolos''), literally "one who is sent off", from the verb ἀποστέλλειν (''apostéllein''), "to send off". The purpose of such sending ...
asserted that "we are witnesses of these things".
Pope Francis
Pope Francis ( la, Franciscus; it, Francesco; es, link=, Francisco; born Jorge Mario Bergoglio, 17 December 1936) is the head of the Catholic Church. He has been the bishop of Rome and sovereign of the Vatican City State since 13 March 2013. ...
has commented on Peter being "strong in his testimony", describing "testimony" as the "lifeblood" of the church.
Types
Many
Methodist
Methodism, also called the Methodist movement, is a group of historically related denominations of Protestant Christianity whose origins, doctrine and practice derive from the life and teachings of John Wesley. George Whitefield and John's b ...
churches in the
holiness 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:
In the
Religious Society of Friends
Quakers are people who belong to a historically Protestant Christian set of denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belief in each human's abili ...
, the word ''testimony'' is used to refer to the ways in which
Friends
''Friends'' is an American television sitcom created by David Crane and Marta Kauffman, which aired on NBC from September 22, 1994, to May 6, 2004, lasting ten seasons. With an ensemble cast starring Jennifer Aniston, Courteney Cox, Lisa ...
''testify'' or ''bear witness'' to their beliefs in their everyday lives. In this context, the word ''testimony'' refers not to the underlying belief, but the committed action which arises out of their beliefs, which ''testifies'' to their beliefs. Common areas in which modern
Friends
''Friends'' is an American television sitcom created by David Crane and Marta Kauffman, which aired on NBC from September 22, 1994, to May 6, 2004, lasting ten seasons. With an ensemble cast starring Jennifer Aniston, Courteney Cox, Lisa ...
are said to testify include
testimony towards peace,
testimony to simplicity,
testimony to truth and integrity, and
testimony to equality.
In some
religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
s (most notably
Mormonism
Mormonism is the religious tradition and theology of the Latter Day Saint movement of Restorationist Christianity started by Joseph Smith in Western New York in the 1820s and 1830s. As a label, Mormonism has been applied to various aspects of t ...
and
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
) many adherents testify as a profession of their
faith
Faith, derived from Latin ''fides'' and Old French ''feid'', is confidence or trust in a person, thing, or In the context of religion, one can define faith as "belief in God or in the doctrines or teachings of religion".
Religious people often ...
, often to a congregation of believers. In
Mormonism
Mormonism is the religious tradition and theology of the Latter Day Saint movement of Restorationist Christianity started by Joseph Smith in Western New York in the 1820s and 1830s. As a label, Mormonism has been applied to various aspects of t ...
, 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 of
personal revelation—followed by a statement of belief that has been confirmed by this experience. Within
Mormon
Mormons are a religious and cultural group related to Mormonism, the principal branch of the Latter Day Saint movement started by Joseph Smith in upstate New York during the 1820s. After Smith's death in 1844, the movement split into several ...
culture
Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups.Tyl ...
, the word "testimony" 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".
Large-group awareness training
In the context of
large-group awareness training, anecdotal testimony may operate in the forms of "
sharing" or delivering a "share".
Literature
![Bataan Death March Testimonies](https://upload.wikimedia.org/wikipedia/commons/6/6f/Bataan_Death_March_Testimonies.jpg)
Some published
oral
The word oral may refer to:
Relating to the mouth
* Relating to the mouth, the first portion of the alimentary canal that primarily receives food and liquid
**Oral administration of medicines
** Oral examination (also known as an oral exam or oral ...
or written
autobiographical narrative
A narrative, story, or tale is any account of a series of related events or experiences, whether nonfictional (memoir, biography, news report, documentary, travel literature, travelogue, etc.) or fictional (fairy tale, fable, legend, thriller (ge ...
s are considered "testimonial
literature
Literature is any collection of written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expanded to include ...
" particularly when they present
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
or
first person accounts of
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
abuses,
violence
Violence is the use of physical force so as to injure, abuse, damage, or destroy. Other definitions are also used, such as the World Health Organization's definition of violence as "the intentional use of physical force or Power (social and p ...
and
war, and living under conditions of social
oppression
Oppression is malicious or unjust treatment or exercise of power, often under the guise of governmental authority or cultural opprobrium. Oppression may be overt or covert, depending on how it is practiced. Oppression refers to discrimination w ...
. This usage of the term comes originally from
Latin America
Latin America or
* french: Amérique Latine, link=no
* ht, Amerik Latin, link=no
* pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
and the Spanish term ''"testimonio"'' when it emerged from human rights
tribunals,
truth commissions
A truth commission, also known as a truth and reconciliation commission or truth and justice commission, is an official body tasked with discovering and revealing past wrongdoing by a government (or, depending on the circumstances, non-state act ...
, and other
international human rights instruments in countries such as
Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
and
Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
. One of the most famous, though controversial, of these works to be translated into English is ''
I, Rigoberta Menchú''. The autobiographies of
Frederick Douglass
Frederick Douglass (born Frederick Augustus Washington Bailey, February 1817 or 1818 – February 20, 1895) was an American social reformer, abolitionist, orator, writer, and statesman. After escaping from slavery in Maryland, he became ...
can be considered among the earliest significant English-language works in this
genre
Genre () is any form or type of communication in any mode (written, spoken, digital, artistic, etc.) with socially-agreed-upon conventions developed over time. In popular usage, it normally describes a category of literature, music, or other for ...
.
Philosophy
In
philosophy
Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. Some ...
, 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. 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).
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 claim is implausible;
# The person or the source in which the
claim is quoted lacks
credibility
Credibility comprises the objective and subjective components of the believability of a source or message. Credibility dates back to Aristotle theory of Rhetoric. Aristotle defines rhetoric as the ability to see what is possibly persuasive in ...
;
# The claim goes beyond what the person could know from his or her own
experience
Experience refers to conscious events in general, more specifically to perceptions, or to the practical knowledge and familiarity that is produced by these conscious processes. Understood as a conscious event in the widest sense, experience involv ...
and competence.
[ For the notion of testimony in general, and especially after David Hume, see the seminal research by C. A. J. Coady, Testimony: A Philosophical Study, Oxford 1992.]
See also
*
Bayesian epistemology
Bayesian epistemology is a formal approach to various topics in epistemology that has its roots in Thomas Bayes' work in the field of probability theory. One advantage of its formal method in contrast to traditional epistemology is that its concep ...
*
Daubert standard
In United States federal law, the ''Daubert'' standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a ''Daubert'' motion, a special motion ''in limine'' raised before or during trial, to exclude ...
*
Deposition
*
Eyewitness memory
Eyewitness memory is a person's episodic memory for a crime or other dramatic event that he or she has witnessed. Eyewitness testimony is often relied upon in the judicial system. It can also refer to an individual's memory for a face, where they a ...
*
Direct examination
The direct examination or examination-in-chief is one stage in the process of adducing evidence from witnesses in a court of law. Direct examination is the questioning of a witness by the lawyer/side/party that called such witness in a trial. ...
*
Hostile witness
A hostile witness, also known as an adverse witness or an unfavorable witness, is a witness at trial (law), trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party ...
*
In limine
IN, In or in may refer to:
Places
* India (country code IN)
* Indiana, United States (postal code IN)
* Ingolstadt, Germany (license plate code IN)
* In, Russia, a town in the Jewish Autonomous Oblast
Businesses and organizations
* Independ ...
*
Leading question
*
Philosophical problems of testimony
The philosophy of testimony (also, epistemology of testimony) considers the nature of language and knowledge's confluence, which occurs when beliefs are transferred between speakers and hearers through testimony. Testimony constitutes words, gestu ...
*
Redirect examination
Redirect examination, in the United States, is the questioning of a witness who has already provided testimony under oath in response to direct examination as well as cross examination by the opponent. On redirect, the attorney offering the wi ...
*
Rashomon effect
The Rashomon effect is a storytelling and writing method in cinema in which an event is given contradictory interpretations or descriptions by the individuals involved, thereby providing different perspectives and points of view of the same inciden ...
*
Strike from the record A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. Motions to strike are most commonly sought by the defendant, a ...
*
Testimony in Jewish law
Testimony in Jewish law consists of testimony by eligible witnesses to a Beit Din (court) authorized to render decisions according to ''halakhah'' (Jewish law). Eligible witnesses must in almost all cases be free men who are not deaf, mentally or m ...
References
External links
Bethel Music TestimoniesExamples of Christian testimonies
{{Authority control
Evidence law
Religious practices
Sources of knowledge
Social epistemology
Latter Day Saint terms