Is it true that the tradition of raising the right hand in court was to check for branding?

I just came across this online, but I’m not certain if if it’s accurate. The story goes that the reason people are asked to raise their right hand when being sworn in is to see if they have been branded a criminal.

I’m skeptical. I do find references online to branding of the hand as punishment*, but I always thought it had to with swearing before god.

What’s the straight dope?

The Washington State Bar Association thinks so.

In the UK we don’t raise the right hand. If you’re taking a religious oath, it’s “Take the book in your right hand”, if not you just read the text for an affirmation

I think that these days you just put your hand on whichever holy book you select.

You will [then] be asked to take the oath (if you are 14 or over). This means you have to swear to tell the truth on the holy book of your religion. If you prefer, you can affirm (promise) to tell ‘the truth, the whole truth and nothing but the truth’.The usher should ask you whether you want to affirm or swear on a holy book before you go into the courtroom.

Nor, come to think of it, do we put a hand over our hearts during the national anthem. We just (mostly) stand up straight and either join in the singing or not.

They do in Scotland (PDF):

Oath – This is a solemn undertaking by a witness to give truthful evidence. You can take the oath
in the normal manner by raising your right hand (with no Holy Bible or other Holy book) or swear
an oath on one of the available Holy books. The Sheriff will ask the following: “Do you swear by
Almighty God that you will tell the truth, the whole truth, and nothing but the truth?”.

Affirmation – Where a witness has no religious belief, then affirmation is the appropriate solemn
undertaking. You will be asked to raise your right hand. The Sheriff will ask the following: “Do you
solemnly, sincerely and truly declare and affirm that you will tell the truth, the whole truth, and
nothing but the truth?”.

I beg Scotland’s pardon.

Used to be that the English oath involved actually kissing the Bible.

Which led to the quote by Robertson Davies, about a “lady of uncertain virtue”:

“She’s been kissed as often as a police court bible, and by much the same class of people.”

Years ago, I did see a police officer actually kiss the book before testifying.

I thought burning/branding of the hand wasn’t a punishment per se, but rather a mark for having taken the benefit of clergy, with clergiable offenses being those lesser felonies (back in the day when all felonies were, at least nominally, to be punished by death) which could be granted leniency at the court’s discretion. The branding was to make sure it wasn’t available to repeat offenders.