# If lying to the the police is illegal, why the need for an oath in court?

**URL:** <https://boards.straightdope.com/t/if-lying-to-the-the-police-is-illegal-why-the-need-for-an-oath-in-court/783030>\
**Category:** Factual Questions\
**Created:** [March 25, 2017, 8:30pm UTC](https://boards.straightdope.com/t/if-lying-to-the-the-police-is-illegal-why-the-need-for-an-oath-in-court/783030 "2017-03-25T20:30:44Z")\
**Posts on this page:** 6\
**Page:** 2

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**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\
**Post date:** [April 1, 2017, 8:04pm UTC](https://boards.straightdope.com/t/if-lying-to-the-the-police-is-illegal-why-the-need-for-an-oath-in-court/783030/21 "2017-04-01T20:04:11Z")

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> [@DrDeth](#):
>
> Or punish no one if you say: “I want to speak to my attorney”.

Well, we’re talking about ‘in court,’ so…

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [April 2, 2017, 4:57pm UTC](https://boards.straightdope.com/t/if-lying-to-the-the-police-is-illegal-why-the-need-for-an-oath-in-court/783030/22 "2017-04-02T16:57:23Z")

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> [@K2500](#):
>
> Lying to the police, like everything else in law likely depends on what you lie about, under what circumstances, and why you lied. Id like to see them file charges for misrepresenting my favorite color, or much of anything at all if we happen to be having a “friendly” conversation. You have the added benefit that you don’t have to say anything at all, at least not here in the US.  
> Cecil may have done a piece on what the cops can/can’t lie about. I’ll have to look for that one though.

There are limits as to what kind of subterfuge can be used set by various caselaw. It would be hard to make a quick definitive article about it since various state cases can also effect it and that makes it 50 slightly different standards.

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**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\
**Post date:** [April 2, 2017, 5:30pm UTC](https://boards.straightdope.com/t/if-lying-to-the-the-police-is-illegal-why-the-need-for-an-oath-in-court/783030/23 "2017-04-02T17:30:03Z")

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> [@Aspenglow](#):
>
> It _is_ just as illegal and it does accomplish things. It gives teeth to perjury charges as well as charges of juror misconduct. Without an oath administered, there is no way to prove the person giving false testimony was aware that to lie on the stand was to commit a crime.
> 
> Remember too that not all trials are criminal trials. Oaths are administered to witnesses in every kind of hearing and/or trial. Oaths are also administered to prospective jurors, regular jurors who then become sworn jurors, language interpreters, court reporters in rare instances and no doubt some I’m forgetting.
> 
> Courts are full of oaths and to knowingly violate any one of them carries a punishment… assuming you are caught.

I see that but ignorance is traditionally no defense for breaking the law. If you lie in court you’re guilty of perjury, oath or no oath. An oath is simply a reminder not to lie but if you didn’t take one you could surely still be convicted of perjury? In other words it would be unnecessary to show that the accused knew that it was a crime.

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**Author:** ![Loopus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loopus/32/15343_2.png) [@Loopus](https://boards.straightdope.com/u/Loopus)\
**Post date:** [April 2, 2017, 7:09pm UTC](https://boards.straightdope.com/t/if-lying-to-the-the-police-is-illegal-why-the-need-for-an-oath-in-court/783030/24 "2017-04-02T19:09:56Z")

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This reminds me of a bit in _Dragnet_ when Sergeant Friday was questioning an uncooperative person of interest, and the person kept just naming state capitals. “Where were you last night?” “The capital of Nebraska is Lincoln.” “How did you know the victim?” “The capital of Mississippi is Jackson.” “Do you own a gun?” “The capital of Nevada is Las Vegas.” “Okay, we’ll be back in touch later… but one other thing.” “Yeah?” “The capital of Nevada… is Carson City.”

Then I’m picturing Friday shoving him up against the wall and arresting him for lying about the capital of Nevada.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [April 3, 2017, 4:22pm UTC](https://boards.straightdope.com/t/if-lying-to-the-the-police-is-illegal-why-the-need-for-an-oath-in-court/783030/25 "2017-04-03T16:22:33Z")

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> [@Ethilrist](#):
>
> Well, we’re talking about ‘in court,’ so…

No, we’re talking about lying to police officers.

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**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\
**Post date:** [April 3, 2017, 5:29pm UTC](https://boards.straightdope.com/t/if-lying-to-the-the-police-is-illegal-why-the-need-for-an-oath-in-court/783030/26 "2017-04-03T17:29:16Z")

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On talking to police officers in a stop, might as well cite once more the classic, invaluable two-part video series.

[Here’s Part II](https://youtu.be/B1t3vtr0kxk), as told by a LEO. Part I is from a lawyer.

Lies, and damn lies. Guess who gets damned.

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