I'm in the competition "We the People" (8th grade)
And in Unit 5 we deal with Freedom of religion..
While practing, we came across a quesion-
Is it ok to have people swear on the Holy Bible in court, even if they're not of christianity?
&...
What would the court do if they're not of christianity?
I hope you can give me as much info as you can about this subject! Links -if you used the internet- would help a lot!!!!
Thank you so much- in advance!!!
♥
2007-11-01 10:27:32 · 8 answers · asked by (: 4 in Politics & Government ➔ Law & Ethics
Actually, if you ever go to court, they ask you to raise your right hand -- not lay it on the Bible -- and ask you to "swear or affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth." That means that if it is against your beliefs to "swear on the Bible," as it is for many people, or if you don't believe in the Bible, or whatever the case may be, you can "affirm" that you will be truthful and honest.
2007-11-01 12:59:11 · answer #1 · answered by Hillary 6 · 0⤊ 1⤋
I'll give you some ideas but you should do the work.
The idea of swearing on the Bible when taking an oath is to fix in the mind of the person doing so the importence of the occainsion and the need for telling the turth. Aside from the mind of the oath taker, there is no religious significance.
Therefore, when a Christen takes an oath, the bible is used because it reminds them of thier religious belief.
For a Non-Christen, a bible may still be used, because the formality is still a reminder. But a person is typically permitted to swear on any book that would serve the same function. The Koran is also used, and has been used to swear in members of congress.
For an atheist, simple holding a hand up might do, or perhaps using a law book.
Do a google search on "swearing on the Bible" and "swearing on the koran".
Good luck on the paper!
2007-11-01 10:42:48 · answer #2 · answered by tallthatsme 4 · 0⤊ 3⤋
They don't do that. I am an attorney and have never seen a person swear upon a bible in a KS courtroom. If your religion prevents you from taking an oath, you may affirm or agree with the oath to tell the truth.
I believe that swearing on the bible is more of a movie and tv thing than a real life thing.
2007-11-01 10:32:33 · answer #3 · answered by hensleyclaw 5 · 3⤊ 1⤋
People very rarely swear on bibles in US courts, and it would undoubtedly be a violation of the 1st & 14th Amendments of the Constitution to penalize anyone for refusing to do so.
The FIRST thing you should do is READ the 1st Amendment. You will see that the first sentence prohibits TWO things, that together people refer to as "freedom of religion." One: The establishment of religion and Two: prohibiting anyone from freely exercising his religion. "Establishment" means creating a state religion or taxing people to support a particular religion. It is this provision that prohibits a court from requiring someone to swear on particular bible.
[Note: There is one other provison in the body of the Constitution that also protects freedom of religion. The last sentence of Article VI prohibits a religious "test" as qualification for any public office of the United States govrnment.]
2007-11-01 10:52:18 · answer #4 · answered by Anonymous · 0⤊ 2⤋
Yes, it is ok to have them swear on the Bible but it is NOT ok to REQUIRE them to use the Bible. Most U.S. courts now will let a person simply raise their right hand and "affirm" they will tell the truth, without saying the "so help me God" part. Many courts will allow a person to be sworn on the Koran. I'm not aware of any other religious document that is used in giving oaths, but it may simply be that most people are so nervous about being in court that they don't even think about what their left hand is resting on
2007-11-01 11:07:55 · answer #5 · answered by RangerEsq 4 · 0⤊ 4⤋
Under the 1st amendment, it is OK for people to voluntarily take an oath on the Bible, however they are required to modify the oath for people who do not wish to do so. This may include substituting another book, or replacing "oath" with "affirmation".
I forget the name of the case but you can look it up.
2007-11-01 11:01:36 · answer #6 · answered by Anonymous · 1⤊ 3⤋
They're given a choice. They can just say "I affirm" They don't have to say "I swear"
It's been that way for awhile. They still raise their hand, though (I think) - go to your local courthouse and ask you bailiff. They like it when they can answer school kids' questions.
2007-11-01 10:39:58 · answer #7 · answered by teacherhelper 6 · 0⤊ 2⤋
excellent question, they should not have to swear
2007-11-01 10:30:25 · answer #8 · answered by mintman123 4 · 0⤊ 4⤋