# In a court of law what are the differences between these actions: lie, dissemble, misleads, deceive **URL:** \ **Category:** Factual Questions\ **Created:** [October 4, 2013, 5:29am UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329 "2013-10-04T05:29:21Z")\ **Posts on this page:** 19\ **Page:** 1
**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\ **Post date:** [October 4, 2013, 5:29am UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/1 "2013-10-04T05:29:21Z")
Hi, In a court of law what are the differences between these actions: lie, dissemble, mislead, and deceive? I look forward to your feedback davidmich ---
**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\ **Post date:** [October 4, 2013, 6:10am UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/2 "2013-10-04T06:10:39Z")
To lie is to utter an untruth, in speech or writing. Lying is all about the words, and under oath, it’s perjury. To dissemble is to conceal one’s feelings, thoughts, motives, circumstances, etc. with a false appearance; this may include lying, but may be as simple as smiling through an unpleasant experience (see: “shit-eating grin”). While lying in court is perjury, to dissemble is simply good tactics, as long as one is careful not to lie. To mislead someone is to draw him into an error (of belief or action), usually intentionally, though one may mislead innocently through ignorance or mistake. One needn’t lie to mislead, as one may be misled by one’s own expectations or assumptions. To deliberately mislead the court may be perjury or not, depending on whether one has lied (or possibly if one concealed some fact one was obliged to reveal). Lawyers may be censured for misleading the court even if there has been no lie, though under rare circumstances. To deceive is to mislead, deliberately. Again, one may skilfully deceive others without lying, but never without misrepresentation. To appear in court wearing a neck brace you don’t need is deceptive (and misleading, and dissembling), but in itself is not lying. If it’s a material misrepresentation (as in a personal injury case), such deception may be a cause of action (though I’m not sure what). This is just me talking; though I’m no lawyer, I have a life-long fascination with words and some passing interest in the law. ---
**Author:** ![njtt](https://avatars.discourse-cdn.com/v4/letter/n/ecd19e/32.png) [@njtt](https://boards.straightdope.com/u/njtt)\ **Post date:** [October 4, 2013, 6:15am UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/3 "2013-10-04T06:15:01Z")
IANAL, but don’t you have to swear to tell the truth, the whole truth, and nothing but the truth (or is that just on TV)? Anyway, although those are different forms of mendacity, and the distinctions between them may be important in some circumstances, they would all amount to breaking that oath, and that, surely, is what is relevant in the court situation. ---
**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\ **Post date:** [October 4, 2013, 10:03am UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/4 "2013-10-04T10:03:28Z")
Thanks Nametag and njtt. Very helpful. davidmich ---
**Author:** ![Kobal2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kobal2/32/20_2.png) [@Kobal2](https://boards.straightdope.com/u/Kobal2)\ **Post date:** [October 4, 2013, 10:48am UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/5 "2013-10-04T10:48:49Z")
> [@njtt](#): > > IANAL, but don’t you have to swear to tell the truth, the whole truth, and nothing but the truth (or is that just on TV)? Anyway, although those are different forms of mendacity, and the distinctions between them may be important in some circumstances, they would all amount to breaking that oath, and that, surely, is what is relevant in the court situation. Weeeeell, maybe. But a skilled orator can lead an audience to a whole lot of false conclusions, telling nothing but the truth. As \*\*Nametag \*\*notes, the listeners’ expectations, biases and preconceptions can all be used by your run of the mill devious bastard to fill blanks in according to their wishes. All legal-like. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [October 4, 2013, 11:27am UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/6 "2013-10-04T11:27:48Z")
I read something recently which explained “the truth, whole truth, nothing but the truth” in an interesting way. Obviously, an oath the tell “the truth” forbids simple lying, or passing off fabrications as fact. An oath to tell “the whole truth” forbids lies of omission, or concealing certain relevant facts. And “nothing but the truth” prohibits misleading people by throwing out red herrings to get people interested in the wrong things. So the book I read (Spy the Lie, in case you’re interested) points out that the oath prohibits all the common techniques of lying in a remarkably efficient number of words. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [October 4, 2013, 12:15pm UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/7 "2013-10-04T12:15:04Z")
Except, in court, are you required to simply answer questions, no to run off at the mouth in a chatty manner. How creatively expansive are you expected to be with a very open question like “tell us what happened on the night of the 16th”? If the “whole truth” is missing because the lawyer failed to ask you, then possibly the fault is mainly his not yours. Which may be deliberate. The witness themselves may not be the only one trying to mislead or omit information. ---
**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\ **Post date:** [October 4, 2013, 12:23pm UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/8 "2013-10-04T12:23:07Z")
Lawyers coaching witnesses to say something in a manner that will make their testimony more credible comes to mind. davidmich ---
**Author:** ![Kobal2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kobal2/32/20_2.png) [@Kobal2](https://boards.straightdope.com/u/Kobal2)\ **Post date:** [October 4, 2013, 12:40pm UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/9 "2013-10-04T12:40:22Z")
> [@davidmich](#): > > Lawyers coaching witnesses to say something in a manner that will make their testimony more credible comes to mind. OBJECTION Your honor ! Leading the witness ! (i.e. that’s not really allowed, even if in practice I believe it’s up to the other lawyer to sack up and stop it) ---
**Author:** ![Canadjun](https://avatars.discourse-cdn.com/v4/letter/c/76d3ee/32.png) [@Canadjun](https://boards.straightdope.com/u/Canadjun)\ **Post date:** [October 4, 2013, 2:34pm UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/10 "2013-10-04T14:34:21Z")
> [@Nametag](#): > > To lie is to utter an untruth, in speech or writing. Lying is all about the words, and under oath, it’s perjury. Don’t you have to **knowingly** utter an untruth? It bothers me when I see people accused of lying when in fact they thought at the time that they were telling the truth but what they stated was incorrect. ---
**Author:** ![Springtime\_for\_Spacers](https://avatars.discourse-cdn.com/v4/letter/s/a3d4f5/32.png) [@Springtime\_for\_Spacers](https://boards.straightdope.com/u/Springtime_for_Spacers)\ **Post date:** [October 4, 2013, 2:43pm UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/11 "2013-10-04T14:43:50Z")
Someone I knew, a deeply religious and sincere peace protester, was let off from swearing to tell the _whole truth_… she said “But if I do that we’ll be here forever.” ---
**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\ **Post date:** [June 30, 2015, 9:56am UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/12 "2015-06-30T09:56:22Z")
Hi, Regarding the use of the word “deception” on page 554 of Walter Isaacson’s “Kissinger” : "Yet Kissinger’s cleverness also meant he was careful to avoid outright duplicity and double-dealing; a study of his words --------even the transcripts of relatively unguarded conversations --shows him phrasing his remarks carefully so as not to contradict directly what he was telling someone else. He would withhold information and even allow a listener to be misled —which comes close to the definition of deceit. But he seldom resorted to unadorned lying in his negotiating efforts. "I may have kept things secret "he later said , “but that’s not the same as being deceitful”. My questions then : 1. If allowing listeners to be misled only “comes close to the definition of deceit” what is deceit ? 2. The “But he seldom resorted to unadorned lying” …following “definition of deceit” looks like he is equating lying with deceit. Am I misreading that sentence? 3. How does Kissinger view deceit and lying then? I always thought of “deceit” as To deceive is to mislead, deliberately as Nametag says. I look forward to your feedbackk. davidmich ---
**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\ **Post date:** [June 30, 2015, 11:04am UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/13 "2015-06-30T11:04:20Z")
Perhaps the words “dissemble” or “dissimulate” rather than “deceive” might be better descriptors in the case of Kissinger. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [June 30, 2015, 2:01pm UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/14 "2015-06-30T14:01:26Z")
> [@md2000](#): > > Except, in court, are you required to simply answer questions, no to run off at the mouth in a chatty manner. How creatively expansive are you expected to be with a very open question like “tell us what happened on the night of the 16th”? Testifying in narrative form is actually quite common (though more so in depositions than in open court.) It’s only really contentious because it may not allow the other party sufficient time to raise an objection; however, if all the witness is doing is describing his day prior to the time when X happened it’s unlikely to be challenged. > [@davidmich](#): > > Lawyers coaching witnesses to say something in a manner that will make their testimony more credible comes to mind. > davidmich There’s nothing wrong with coaching witnesses. > [@Kobal2](#): > > OBJECTION Your honor ! Leading the witness ! > > (i.e. that’s not really allowed, even if in practice I believe it’s up to the other lawyer to sack up and stop it) You can lead a witness on cross-examination or if the witness is an adverse party or otherwise hostile. ---
**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\ **Post date:** [June 30, 2015, 2:29pm UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/15 "2015-06-30T14:29:02Z")
“Friends, Romans Countrymen. I come to bury Caesar, not to praise him.~~~ And Brutus is an honourable man…” A skilled wordsmith can make words mean the opposite of their true meaning. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [June 30, 2015, 7:36pm UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/16 "2015-06-30T19:36:11Z")
> [@njtt](#): > > IANAL, but don’t you have to swear to tell the truth, the whole truth, and nothing but the truth (or is that just on TV)? I sat in on a court proceeding from time to time. In real life, the court clerk asks: Do you solemnly swear to mumble mumble mumble mumble mumblemumblemumblemumblemumblemumblemumblemumble God? The witness merely says “Yes” or “I so swear” or something like that. > [@Kobal2](#): > > Weeeeell, maybe. But a skilled orator can lead an audience to a whole lot of false conclusions, telling nothing but the truth. That’s what lawyers are for! ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [June 30, 2015, 7:37pm UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/17 "2015-06-30T19:37:33Z")
In Florida, the oath or affirmation must be “substantially in the following form”: > [@](#): > > Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth? ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [June 30, 2015, 7:40pm UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/18 "2015-06-30T19:40:44Z")
> [@md2000](#): > > EIf the “whole truth” is missing because the lawyer failed to ask you, then possibly the fault is mainly his not yours. Which may be deliberate. The witness themselves may not be the only one trying to mislead or omit information. More to the point, lawyers (and the judges) routinely tell witness what they may NOT say. And judges often tell lawyers what questions they may NOT ask. Witnesses are commonly directed to just answer the lawyers questions and nothing more. Telling “the whole truth” is a legal fiction, and not even a plausibly accurate one. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [June 30, 2015, 8:19pm UTC](https://boards.straightdope.com/t/in-a-court-of-law-what-are-the-differences-between-these-actions-lie-dissemble-misleads-deceive/670329/19 "2015-06-30T20:19:49Z")
A witness may know things that the witness _thinks_ is relevant to the legal issue, but if the judge has ruled that these things are not relevant, the witness won’t be allowed to say them.