djmikedr Posted March 31 Report Share Posted March 31 "Taking an Oath"An oath or affirmation* shall be administered in a form calculated to awaken the conscience and impress the mind of the person taking it in accordance with his/her religious or ethical beliefs.* An affirmation is basically an oath without the word "swear" in it.What you hear on tv:"Do you swear to tell the truth, the whole truth and nothing but the truth?!?" Quote Link to comment Share on other sites More sharing options...
brickhouse Posted April 1 Report Share Posted April 1 That's pretty much it....Back in the day, they'd make you affirm a belief in God to ensure you were telling the truth if you were under a certain age or of low mental capacity...the thought was that if you believe in God, then you know something bad will happen to you if you lie...Now it's more symbolic than anything. Even the hardcore judges on the issue (Scalia, Thomas, Rehnquist) say that it's just symbolic speech, and that view has been shared at one time or another by O'Connor, Kennedy, and Stevens. Which is why the Supreme Court (in my opinion) will probably overturn that Pledge of Allegiance case...However, there is somewhat of a coercive matter there. In some states (such as Florida) you have to say "so help me God" at the end. If you refuse to say it, (even though you can refuse), it puts you in a tight spot with the jury and/or the opposing attorney. Quote Link to comment Share on other sites More sharing options...
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