Witness Affirmations and the Bible in Courts: Understanding the Process

Introduction

Very few courts use the Bible or any other religious text as part of the witness swearing-in process. In every court, the witness has the right to take an affirmation instead of an oath. This article explains the details of witness affirmations and the Bible in court procedures, highlighting how this process ensures the witness can testify honestly without any compulsion.

Option for Affirmation Without the Bible

Witnesses in court are not required to swear on the Bible. They are given the option of either swearing on the Koran or another religious text, or making a pledge of affirmation. This affirmation is a solemn promise that the evidence they will provide will be the truth. If the witness lies under oath, even if they affirm rather than swear on the Bible, they are liable to be prosecuted in the same way as someone who swore on the Bible.

In England and Wales, as well as other parts of the UK, some witnesses may come from other faiths and can take an oath on an appropriate holy book. Additionally, some Christians may object to swearing oaths, and others who prefer not to take an oath for any reason may elect to make an affirmation instead. This process does not affect the value of the witness’s evidence in any way.

Personal Experience of a Criminal Defense Lawyer

As a criminal defense lawyer in Chicago for 38 years, I tried thousands of cases and never once was a witness required to swear to tell the truth on the Bible during the swearing-in process. However, if a witness refused to take the oath, they would not be allowed to testify.

The primary requirement is to tell the truth, the whole truth, and nothing but the truth. There is no compulsion of swearing on the Bible or God. It is simply giving honest and legally binding testimony.

The 'Bible Question' in Real Courts

While the 'Bible question' may be common in popular media and television depictions of courtrooms, in reality, witnesses are only asked if they swear or affirm to tell the truth. It is rare to encounter a witness who chooses to affirm for reasons of atheism. In fact, almost all of those who choose to affirm are members of religions that do not believe in swearing oaths, such as Jews and Quakers.

Religious Freedom and the Constitution

Our constitution protects the freedom of religion, and this includes the right to live by what one believes to be true. This is a fundamental right that allows individuals to choose how they witness and affirm their truth in court without undue pressure from the legal system or society.

I have been told that I must do this when called for jury duty, but I have never been swayed by such requests. I insist that I don’t have to do that because it goes against my beliefs. Our constitution guarantees this freedom, and I adhere strictly to it. I was not picked to serve because of my stance, but I am happy with my decision to stand for what I believe in.