What If You Refuse To Swear In Court?

Question

Perjury is a crime only if you first swear to tell the truth then tell a lie. But what if you don't lie but made a mistake, this could still be used against you.

So in court, if you refuse to swear then they can't accuse you of perjury because you refuse to swear. You tell them. No I will not swear because I am not sure of anything and I don't want to be accused later. Since I refuse to swear then you are aware that my testimony will not be entirely true and some parts of it will be false and you can't accuse me of perjury because I did not swear.

Answer 1

First of all, you don't have to "swear", you can "affirm" or "attest" to something. This leaves your personal beliefs out of it and just asks you to "agree" that you are giving true statements.

It is already assumed in court that you are testifying "to the best of your knowledge or ability". It is common for people to have varying recall of the same event, person, etc.

The question of "perjury" is when you give testimony that conflicts with something you said or wrote earlier. It is also applicable if you flat out lie about something. Example, if you said you never saw this person before and you said "No, never"; then was shown pictures of the two of you together frequently, you answer no, might be considered perjury.

One other thing about testifying, you can always refuse to answer a question to not incriminate yourself. You also have the option to say, "I just don't remember.". Let's face it, sometimes we really just don't know the answers.

Answer 2

You could be held in contempt of court and possibly confined until you took the oath and testified. The exact procedure and penalty will vary by state.

When you take an oath, the oath is to testify truthfully to the best of your ability. If you don't recall or have no knowledge, then that is how you should testify. If you are not sure of an answer when a question is asked, then say so when you testify. Refusing to take and oath testify is just silliness.

Answer 3

They are going to make you take an oath of some kind. You can swear on something other than the bible if that floats your boat, but if you don't they won't let you swear. Its okay if you tell the truth to the best of your recollection, that is all they ask. The court realizes that truth is subjective.

Answer 4

Nothing will happen if your reason for not swearing is Matthew 5. I have been there done that at local and federal court.

Answer 5

Some people have religious objections to "swearing" so they get to "affirm" the truth of their answers "under penalties of perjury." They still have to testify and face the consequences of refusing to do so (contempt of court) or perjury (for making false statements of facts under oath). Unless some exception or privilege applies (Fifth Amendment protection against self-incrimination), the general rule is that one has to testify under oath (or its equivalent) when called as a witness. The purpose of the rule is to assist in the discovery of the truth, which is (in theory) the purpose of trials in the courts.

Answer 6

Don't and see what happens. Judge will probably remove you and take you into chambers and ask why. If you give him the above answer you will probably be put in a detention cell downstairs until you do! You only have to answer to the best of your ability. That is not perjury!!

Answer 7

Then you are held in contemt of court and go to prison for a few months.

Answer 8

You have the best answer - I would just add that I have worked on a lot of civil trials and no one has been accused of perjury; however, their testimony was impeached and disallowed.

Answer 9

The cops will beat you with a stick...

Answer 10

you cant say no or you will proble lose the trial