Do you 'swear' to tell the truth? On what?

[trof]

Just saw that Senator John Warner (R-VA) did not require Gates to be 'sworn in' for his testimony today out of "respect for him and I know him to be an honorable man who will tell the truth" (or words to that effect).

That raised a few questions for me.
If we have some attorneys, judges, or other court officials around, I'd appreciate your comments.

1. In the olden days, at least in the movies, witnesses swore to tell the truth on the bible.
Was that ever actually done and is it still now?

2. If 1 is true, what if you weren't a Christian? I assume it was the Christian bible in use.

3. If you do 'swear', whether with your right hand on the bible or not, what are you swearing by or on?
God? If so, which one or whose? What if you recognize no supreme being? (see 4)

4. I believe that courtroom witnesses in most jurisdictions now are required to 'swear or affirm that everything you say in testimony is the truth, the whole truth, and nothing but the truth'. Something like that. The 'affirm' is supposedly for non-diests? So are they saying, basically, that 'I promise I'm telling the truth'? :shrug:

5. Now to the meat of the question. If you are 'sworn', in whatever fashion, I assume you are subject to penalties of perjury if you're caught in a lie. But what if you either refuse to 'swear' or are not required to? Are you still subject to perjury charges?

Thanks for your comments and enlightenment.

[AngryAmish]

1. In Illinois

1. I dunno

2. I dunno

3. It is a personal oath. Not to God.

4. Affirm is for non-deists as well as for certain sects (Jehovah's Witnesses, for example) who will not swear an oath.

5. Depends. You can be compelled to testify (at a trial) and you cannot get out of it by refusing to swear and you will be subject to perjury charges if you lie about something material.

[Hosnon]

2. I think (not 100%) that testimony cannot be admitted unless it is sworn. So if you are a

witness and refuse to be sworn in, you are simply told to sit back down (and probably reprimanded for wasting court time).

However, you can be compelled to testify...if you don't, you go to jail.

[hobbit709]

3. It's not perjury

if you didn't swear to tell the truth. If you swore to tell the truth then look out if they catch you lying.

[Az]

4. You do not have to swear on a bible

In a court of law a person can inform the ballif that they are not a believer and request that they not be made to swear on a bible. Unfortunately in politics this is political suicide.

[Eric J in MN]

5. "Oath or Affirmation" is in the US Constitution.

Quakers believe in affirmations not oaths (they don't swear on objects.)

This is because Jesus in the Book of Matthew says don't swear, just say yes or no.

[trof]

6. Thanks. Interesting comments.

I've always wondered about liability for perjury if you're not 'sworn'.
Like the Bush**-Cheney testimony on the Iraq invasion intelligence.

[kestrel91316]

7. I've testified in court a couple of times and, funny, all I did was

raise my hand and say "I will" or "I do" in response to the question whether I swore to tell the truth, the whole truth, and nothing but the truth. And I don't recall any "so help you God" either.

No bible, no text at all, no religion, no God. Funny, that.

[trof]

9. I kinda thought that was the way now.

Thanks.

[Parche]

8. bible

The bible is just a fictional fantasy book and should never be used as something to swear in on.

I would NEVER swear on it, I would refuse

[achtung_circus]

10. A Canadian Perspective:

Criminal Code of Canada says

Misleading Justice

Perjury

131. (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.

http://laws.justice.gc.ca/en/c-46/280549.html

Courthouses here provide a bewildering array of books available for people to take an oath.

[undeterred]

11. I swear on the yummy breadsticks at Fazolis

[SeattleGirl]

12. Whenever I've had to testify (which happens sometimes in my field)

I've only been asked to raise my right hand and "swear to tell the truth, the whole truth, and nothing but the truth". So "so help me God" or anything else.

[KamaAina]

13. The box the Flying Spaghetti Monster came in?

Pastafarians unite! One day even Congress shall be "Touched By His Noodly Appendage"!

Or did he come in a plastic bag? :shrug:

edit: spacing

[trof]

14. Seems to me a pasta machine would be most appropriate.

'Original Source' and all that.
;-)

[TahitiNut]

15. As a Pastafarian acolyte outcast, I'm required to wrap a noodley appendage ...

... around EACH of my appendages, and insert noodley appendages of the FSM into each of my anatomical orifices while swearing (literally SWEARING). Embarassing.
:blush:

[trof]

16. Kinda like Pastafarian's Tourette's?

Bummer.

[pinto]

17. I think swearing to tell the truth is pretty well understood, regardless

if there's a book or not.