Sworn testimony

Sworn testimony is evidence given by a witness who has made a commitment to tell the truth. If the witness is later found to have lied whilst bound by the commitment, they can often be charged with the crime of perjury. The types of commitment can include oaths, affirmations and promises which are explained in more detail below. The exact wording of the commitments vary from country to country.

Types of commitment

The commitment can come in different forms depending on the situation of the witness. The types of commitment used in the United Kingdom are:

  • Oath: A commitment made to the witness's deity, or on their holy book.
  • Affirmation: A secular variant of the oath where the witness does not have to mention a deity or holy book.
  • Promise: A commitment made by a witness under the age of 17, or of all witnesses if none of the accused are over the age of 17.

Variations by country

Washington

Oath:

I (swear/promise) by Almighty God (or the person may name a god recognized by his or her religion) that the evidence I shall give will be the truth, the whole truth, and nothing but the truth.[1]

Affirmation:

I solemnly and sincerely declare and affirm that the evidence I shall give will be the truth, the whole truth, and nothing but the truth. [2]

Canada

Affirmation:

I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth, and nothing but the truth.[3]

India

Oath/Affirmation:

I do (swear in the name of God/solemnly affirm) that what I shall state shall be the truth, the whole truth, and nothing but the truth.[4]

South Africa

Oath:

I swear that the evidence that I shall give shall be the truth, the whole truth, and nothing but the truth, so help me God.[5]

Affirmation:

I solemnly affirm that the evidence that I shall give shall be the truth, the whole truth, and nothing but the truth.[6]

England and Wales

Oath:

I swear by [substitute Almighty God/Name of God (such as Jehovah) or the name of the holy scripture] that[7] the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.[8]

Affirmation:

I do solemnly and sincerely and truly declare and affirm[9] that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.[8]

Promise:

I promise before Almighty God[10] that the evidence which I shall give shall be the truth, the whole truth, and nothing but the truth.[8]

In the UK, a person may give testimony at any age, but will not be sworn in unless 14 years old or over.[11]

Scotland

Oath:

I swear by Almighty God that I will tell the truth, the whole truth, and nothing but the truth.[12]

Affirmation:

I solemnly, sincerely and truly declare and affirm that I will tell the truth, the whole truth, and nothing but the truth.[13]

United States

Oath:

Do you solemnly (swear/affirm) that you will tell the truth, the whole truth, and nothing but the truth, (so help you God/under pains and penalties of perjury)?

"Swear" may be replaced with "affirm", and either "so help you God" or "under pains and penalties of perjury" may be used; all oaths and affirmations are considered to be equivalent before the law.[14] These modifications to the oath were originally introduced in order to accommodate those who feel uncomfortable swearing religious oaths, such as Quakers, as well as to accommodate the irreligious.[15] In United States v. Ward, the Ninth Circuit Court of Appeals ruled that certain other modifications of the oath were acceptable so long as they demonstrated "a moral or ethical sense of right and wrong".[16]

Oath (California):

You do solemnly state that the testimony you may give in the case now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?

See also

References
  1. leesa (2014-07-24). "Oaths and affirmations". Court Services Victoria. Retrieved 2018-04-03.
  2. leesa (2014-07-24). "Oaths and affirmations". Court Services Victoria. Retrieved 2018-04-03.
  3. Canada Evidence Act (R.S.C., 1985, c. C-5), s. 14
  4. The Oaths Act, 1969, Form 1; Law Commission of India, Twenty-Eighth Report (May 1965)
  5. Criminal Procedure Act 51 of 1977, s. 162.
  6. Criminal Procedure Act 51 of 1977, s. 163.
  7. Oaths Act (1978 c.19), s. 1
  8. Resolution of the judges of the King's Bench Division on 11 January 1927
  9. Oaths Act (1978 c.19), s. 6
  10. Children and Young Persons Act (1963 c.37), s. 28
  11. "Children and young witnesses". Retrieved 2017-06-22.
  12. Act of Adjournal (Criminal Procedure Rules) 1996 (SI 1996/513), Form 14.5-A
  13. Act of Adjournal (Criminal Procedure Rules) 1996 (SI 1996/513), Form 14.5-B
  14. North Dakota Supreme Court Rules, Rule 6.10
  15. Brendan Koerner: Where did we get our oath? (30 April 2004)
  16. 989 F.2d 1015
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