Sworn Testimony
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Sworn testimony is evidence given by a witness who has made a commitment to tell the
truth Truth is the property of being in accord with fact or reality.Merriam-Webster's Online Dictionarytruth 2005 In everyday language, truth is typically ascribed to things that aim to represent reality or otherwise correspond to it, such as belie ...
. If the witness is later found to have lied whilst bound by the commitment, they can often be charged with the crime of
perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
. 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 The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
are: *Oath: A commitment made to the witness's deity, or on their holy book. *Affirmation: A
secular Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negativ ...
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


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.


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.


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. ''Affirmation'': :I solemnly affirm that the evidence that I shall give shall be the truth, the whole truth, and nothing but the truth.


United Kingdom


England and Wales and Australia

''Oath'': : I swear by ubstitute_Almighty_God/Name_of_God_(such_as_Jehovah)_or_the_name_of_the_holy_scripture.html" ;"title="Jehovah.html" ;"title="ubstitute Almighty God/Name of God (such as Jehovah">ubstitute Almighty God/Name of God (such as Jehovah) or the name of the holy scripture">Jehovah.html" ;"title="ubstitute Almighty God/Name of God (such as Jehovah">ubstitute Almighty God/Name of God (such as Jehovah) or the name of the holy scripturethat the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.Resolution of the judges of the King's Bench Division on 11 January 1927 ''Affirmation'': :I do solemnly and sincerely and truly declare and affirm that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth. ''Promise'': :I promise before Almighty God that the evidence which I shall give shall be the truth, the whole truth, and nothing but the truth. In the UK, a person may give testimony at any age, but will not be sworn in unless 14 years old or over.


Scotland

''Oath'': :I swear by Almighty God that I will tell the truth, the whole truth, and nothing but the truth. ''Affirmation'': :I solemnly, sincerely and truly declare and affirm that I will tell the truth, the whole truth, and nothing but the truth.


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. These modifications to the oath were originally introduced in order to accommodate those who feel uncomfortable swearing religious oaths, such as
Quakers Quakers are people who belong to a historically Protestant Christian set of denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belief in each human's abil ...
, as well as to accommodate the irreligious. In '' United States v. Ward'', the
Ninth Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
ruled that certain other modifications of the oath were acceptable so long as they demonstrated "a moral or ethical sense of right and wrong".989 F.2d 1015
/ref> ''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

* Statutory declaration * Affirmation in law *
Performativity ''Performativity'' is the concept that language can function as a form of social action and have the effect of change. The concept has multiple applications in diverse fields such as anthropology, social and cultural geography, economics, gender s ...


References


Judicial Studies Board (of England and Wales)
{{DEFAULTSORT:Sworn Testimony Oaths Truth