I was watching Blue Bloods last night and when the detective appeared as a witness he was asked by the court clerk, “Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?”
The series is set in Boston. So firstly is this an accurate reflection of what would be said in a Boston court? If so, is this peculiar to Massachusetts or do most states now omit any reference to a deity?
From Cecil’s column, one version of the oath:
When I was observing cases in court, the clerk’s oath that the witnesses had to swear sounded (as best I could understand it) something like this:
“Ydffrmthtllthtstmnyrbttgvnthcsnwbfrthcrtwllbthtrththwhltrthndnthngbtthtrththsydffrmndrthpnsndpnltsfprjry”
[irrelevant nitpick]It’s actually set in NYC.[/in]
When I served jury duty last year, our swearing-in did not mention God as far as I recall. I didn’t get to see any of the witnesses being sworn in, which I assume occured before the beginning of the trial proper.
Thanks, Saltire, you’re right, it is of course New York.
As for Ceciil’s column linked above, it doesn’t address the question at all, that being whether most US jurisdictions now omit any mention of a supernatural entity. Is there any constitutional problem, ie the reference to God somehow being thought of as the government or state favoring a particular religion? I can’t think why there should be as the term God is pretty generic and could be thought of as any deity.
Within the last week or so I have been sworn in to testify before a grand jury and twice to apply for a search warrant in front of a judge. God was mentioned and I had my hand on a bible. I’m totally non-religious but the ceremony doesn’t bother me.
I always wondered, what happens if you say “no”?
Contempt of court
Really? They wouldn’t give you the option to affirm instead?
Mind if I ask what city and state?
Yes, but you tell the clerk, or the attorney before hand. When I sat on the Essex County Grand Jury, we handed them a bible, unless the clerk or states attorney told us not to in advance. Once, we started to hand the bible, and the person giving evidence said no, so the clerk missed that one. But you swear, or affirm, your choice. “No” is not acceptable.
I don’t know if, “No, I don’t swear, but I do affirm” is acceptable, or not. Possibly saying, “Swear … swear, to who, gah-had, that stupid sky-wizard you backwards story believers foist on us with your creed and the money too? No. But I do affirm.” That might be OK, or might be contempt. Really though, how far to you want to take it?
They say “swear or affirm”. I just have to say “I do” or “yes”.
Middlesex County NJ
Defendant in a civil suit, less than a month ago, in Houston, Texas.
Yes, the term “so help you God” was included, although there was no Bible.
ETA This was a State district level, civil court.
Alaska, no mention of God. It started out “Do you affirm that the testimony you are about to give…”
Ohio here. Our court doesn’t use a Bible, but the oath is, “Do you solemnly swear that your testimony in this trial will be the truth, the whole truth, and nothing but the truth, so help you God?” Some people will say “I affirm,” which is fine, but the great majority just say “I do.” It’s been that way since at least 1995, when I moved here.
The great majority of courts still use “so help you God,” albeit “swear or affirm” may have taken over from “swear” in most places.
There are still plenty of courts where the clerk will introduce the Judge’s entry to the courtroom with “All rise, the United States District Court for the Western District of Slobvonia is now in session, the Honorable Judge Joe Dokes presiding. God save this honorable Court and these United States.”
There are no constitutional issues with this.
It probably sounded something like this.
Looking back at the 3 examples that happened to me in the last couple of weeks, Grand Jury: bible, Judge #1: no bible, Judge #2: bible. Judge #1 has a Jewish name and Judge #2 is Hispanic. I don’t think Judge #1 said “so help you God” but I’m not sure. Since it is in their chambers I’m sure its a personal choice. Every courtroom I have been in has used a bible. At least I assume its a bible. I never picked one up and started reading it. Since I automatically translate it in my head to “Lie and your ass is mine” I don’t really pay attention to the words.