Unresponsive Answer

Example

During a trial, the prosecution calls an alleged mob enforcer to the witness stand. The prosecution asks the mobster, “Do you believe there is such a thing as the Mafia, also known as ‘Cosa Nostra?’” The mobster laughs and replies, “Who do you think you are, Eliot Ness?” He makes no further comment. The prosecutor repeats the question. The mobster replies, “Look, pal, you’re wasting your time asking me these questions. Maybe you should go back to law school so you can fill that empty head of yours with some brains!” The mobster’s responses are unresponsive answers, as they don’t directly answer the questions asked.

Case Examples

• Unresponsive answers in the context of perjury: Courts have determined that it is impossible to judge an unresponsive answer for the value of its truth because it does not respond to the question asked. See United States v. DeZarn , 157 F.3d 1042, 1051 (6th Cir. 1998). In that case, the defendant, DeZarn, was charged with perjury when speaking to an investigator. Id. He gave unequivocal answers during his testimony to the investigator. The defendant could be held liable for perjury even though he claimed he had given unresponsive answers and therefore could not be found guilty of perjury. Id.
• Unresponsive answers in the context of credibility: If a defendant gives multiple unresponsive answers before finally answering the question, the trier of fact can deem their answers not to be credible. See Keshishian v. Gonzales , 201 F. App'x 445, 446 (9th Cir. 2006). In Keshishian , the plaintiff, Keshishian, challenged her denial of asylum by an immigration judge in the United States. Id. She claimed that the judge did not have grounds to find her testimony credible because her first two answers to investigators were unresponsive when they asked her if she had been threatened. Id. However, the judge ruled that the lower court could find her testimony credible, as she had given multiple unresponsive answers before finally giving the court an answer. Id.