and refuses to swear his oath on the bible would he be charged with contempt, although his beliefs tell him he does not believe in god or the bible.
2007-04-22 01:03:54 · 22 answers · asked by johnboy 4 in Politics & Government ➔ Law & Ethics
He can choose to 'affirm'.
Instead of saying 'Almighty God' you say 'I solemnly, sincerely, and truly declare and affirm'.
Other religions can use their holy book and their name for God.
2007-04-22 01:06:22 · answer #1 · answered by bumblecherry 5 · 3⤊ 0⤋
In the state of Pennsylvania, the court asks a defendant to either swear or "affirm" that he or she will tell the truth. 225 Pa. Code, Rule 603.
Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness’ conscience and impress the witness’ mind with the duty to do so.
Comment:
This rule is identical to F.R.E. 603, which was designed to be flexible enough to cover persons with any or no religious beliefs, persons with mental defects, and children. F.R.E. 603 advisory committee notes. The rule is consistent with Pennsylvania law. See Dunsmore v. Dunsmore, 309 Pa. Super. 503, 455 A.2d 723 (1983) (holding that it was error to allow a witness to testify without oath or affirmation); Commonwealth ex rel. Freeman v. Superintendent, 212 Pa. Super. 422, 242 A.2d 903 (1968) (same). Pennsylvania law requires both the mentally impaired and children to understand the obligation to tell the truth. See Commonwealth v. Mazzoccoli, 475 Pa. 408, 380 A.2d 786 (1977); Commonwealth v. Kosh, 305 Pa. 146, 157 A. 479 (1931).
Pa.R.E. 603 is also consistent with 42 Pa.C.S.A. § 5901. Although § 5901 provides that every witness ‘‘shall take an oath in the usual or common form by laying the hand upon an open copy of the Holy Bible or by lifting up the right hand and pronouncing or assenting to’’ a specific incantation set forth in the statute, it also permits affirmation by a witness who desires to do so. See also 42 Pa.C.S.A. § 5902 (providing that a person’s capacity to testify ‘‘shall not be affected by his opinions on matters of religion’’ and that no witness shall be questioned ‘‘concerning his religious beliefs’’). Religious belief as a ground for impeachment is treated in Pa.R.E. 610.
In our state, we have people whose religious beliefs keep them from "swearing" an oath. In that regard, all the law requires is that somebody promise to tell the truth.
2007-04-22 03:07:53 · answer #2 · answered by Mark 7 · 0⤊ 0⤋
In the US a Bible is not needed or required to swear in as a witness! The principle is freedom of religion, (see the First Amendment to the Constitution). This does not just mean that people are free to chose between Protestant churches, it means people are also free to be atheists if they so choose. A judge could not charge the witness with contempt, it would be an unconstitutional restriction on the right to practice or not practice religion.
2007-04-22 01:06:39 · answer #3 · answered by TxSup 5 · 1⤊ 1⤋
No. He has an absolutely free choice in the matter and will not be criticised in any way if he declines to swear on the Bible and elects to affirm. The affirmation is: "I do solemnly, sincerely declare and affirm that the evidence I shall give shall be the truth, the whole truth and nothing but the truth." It is as binding on him as the oath.
2007-04-22 01:50:58 · answer #4 · answered by Doethineb 7 · 0⤊ 0⤋
In UK you can make an affirmation. The same with US (where religion and state are separate). Actually a Christian should also not swear on the bible, as James 5:12 states (that'll make you drag out your Bibles) :-).
2007-04-23 08:22:40 · answer #5 · answered by corek_2000 1 · 0⤊ 0⤋
In the UK you dont swear on the Bible . Swearing on the Bible is only a bit of drama anyway People will either lie or tell the truth in court regardless .
2007-04-22 01:31:27 · answer #6 · answered by keny 6 · 0⤊ 1⤋
A simialar question was posted on YA a little while a go.
If your an athiest you still have to swear, but not on the Bible.
I think thats the case anyway!
Yes the person above is right too, you can chose to "affirm" but thats in the USA, its probably a bit different here in the UK.
Good Luck
Best Wishes
2007-04-22 01:06:24 · answer #7 · answered by Sahra 4 · 1⤊ 1⤋
If you do not want to take an oath, you may ask to affirm. The words of the affirmation are very similar to an oath and carry equal meaning but you will not be asked to hold a holy book when you speak.
2007-04-22 01:11:08 · answer #8 · answered by Anonymous · 2⤊ 0⤋
Theres an oath you can use if you're not a Christian, its a promise rather than swearing on the Bible. But since no one can prove if you're a Christian or not, its not an issue which version you use.
2007-04-22 01:08:12 · answer #9 · answered by sarah c 7 · 1⤊ 0⤋
nobody whatsoever has to swear on the bible in court and never have.its only a christian thing.god etc has not been proven as fact so it would be a non entity.the judge himself could well be an atheist.its nothing to do with religion at all.I've been on jury service and as a witness and have never sworn on something i don't believe in.and I'm also an atheist.
2007-04-23 02:41:41 · answer #10 · answered by earl 5 · 0⤊ 0⤋
The bible says not to swear on anything so even christians should refuse. I believe the bible has been removed from most courts.
2007-04-22 01:09:01 · answer #11 · answered by Savage Grace 3 · 0⤊ 2⤋