# U.S. Courts: Does a witness still swear on a Bible? **URL:** \ **Category:** Factual Questions\ **Created:** [April 8, 2014, 5:12pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653 "2014-04-08T17:12:27Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![randompattern](https://avatars.discourse-cdn.com/v4/letter/r/7993a0/32.png) [@randompattern](https://boards.straightdope.com/u/randompattern)\ **Post date:** [April 8, 2014, 5:12pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/1 "2014-04-08T17:12:27Z")
This seems to be the right forum. I was watching TV and there was a re-enactment of a courtroom scene, the witness was sworn in by placing their hand on a bible and swearing to tell the truth so help them god. Does this still happen today? If so, can it be refused? If refused, what are the consequences? I did a search for this and didn’t find anything, sorry if it’s been covered. ---
**Author:** ![Victor\_Charlie](https://avatars.discourse-cdn.com/v4/letter/v/7ea924/32.png) [@Victor\_Charlie](https://boards.straightdope.com/u/Victor_Charlie)\ **Post date:** [April 8, 2014, 5:17pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/2 "2014-04-08T17:17:05Z")
I don’t know if it’s been eliminated everywhere, but I don’t think it’s common to swear on a Bible. You merely have to vocally agree to tell the truth when prompted by the judge. I’ve been sworn in twice. Once I had to raise a hand and the other time I didn’t even have to do that. It was little more than “Do you swear to tell the truth to the best of your knowledge in these proceedings?” “Yep.” ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [April 8, 2014, 5:41pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/3 "2014-04-08T17:41:52Z")
You always were able to refuse to use the bible. See[the Master speak](http://www.straightdope.com/columns/read/134/how-do-courts-swear-in-atheists) from 1981. ---
**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\ **Post date:** [April 8, 2014, 5:52pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/4 "2014-04-08T17:52:11Z")
The last time I sat on a jury, about 2 years ago, they didn’t use any book. They simply raised their hand. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [April 8, 2014, 6:00pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/5 "2014-04-08T18:00:44Z")
Could use the [Constitution.](https://www.youtube.com/watch?v=6_lLJjb1BBQ) 😉 ---
**Author:** ![randompattern](https://avatars.discourse-cdn.com/v4/letter/r/7993a0/32.png) [@randompattern](https://boards.straightdope.com/u/randompattern)\ **Post date:** [April 8, 2014, 6:04pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/6 "2014-04-08T18:04:22Z")
> [@running\_coach](#): > > Could use the [Constitution.](https://www.youtube.com/watch?v=6_lLJjb1BBQ) 😉 Ain’t no thang! I peeded some. 😃 ---
**Author:** ![Jimmy\_Chitwood](https://avatars.discourse-cdn.com/v4/letter/j/f475e1/32.png) [@Jimmy\_Chitwood](https://boards.straightdope.com/u/Jimmy_Chitwood)\ **Post date:** [April 8, 2014, 6:07pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/7 "2014-04-08T18:07:59Z")
Yes, it still happens. Yes, it can be refused, and the consequences are nothing. You’re making either an “oath or affirmation,” and you get to pick which one. ---
**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 8, 2014, 6:10pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/8 "2014-04-08T18:10:27Z")
Every time I have testified in court I have sworn on a bible. I am totally nonreligious so the book has no meaning to me. I consider the ritual to just be a physical sign of the oath I am taking which does have meaning to me. And making a point about my personal beliefs seems inappropriate at the time. ---
**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\ **Post date:** [April 8, 2014, 6:18pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/9 "2014-04-08T18:18:43Z")
So what does raising your right hand do? How is that any different that raising your left hand, or your right leg? Does that mean that if I raise my right hand, but crossed the fingers of my left hand behind my back then I’m not really swearing? It seems like such a pointless ritual. Just ask the damn question… are you going to tell the truth or not? ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [April 8, 2014, 6:24pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/10 "2014-04-08T18:24:29Z")
> [@dolphinboy](#): > > So what does raising your right hand do? How is that any different that raising your left hand, or your right leg? Does that mean that if I raise my right hand, but crossed the fingers of my left hand behind my back then I’m not really swearing? It seems like such a pointless ritual. Just ask the damn question… are you going to tell the truth or not? Everybody knows that raising your right hand is legally equivalent to saying “no backsies.” ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [April 8, 2014, 6:28pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/11 "2014-04-08T18:28:59Z")
When I was on jury duty in California I don’t recall witnesses using the Bible. I know that when we got sworn in as a jury we didn’t use one. Other states might be different. Now where I live if they used religious books to swear people in they’d need quite a library of them. ---
**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\ **Post date:** [April 8, 2014, 6:29pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/12 "2014-04-08T18:29:12Z")
> [@dolphinboy](#): > > So what does raising your right hand do? How is that any different that raising your left hand, or your right leg? Does that mean that if I raise my right hand, but crossed the fingers of my left hand behind my back then I’m not really swearing? It seems like such a pointless ritual. Just ask the damn question… are you going to tell the truth or not? Looks like it’s a holdover from the 17th century. According to [this](http://nwsidebar.wsba.org/2013/10/21/raise-right-hand-court/) article, a number of people that had previously been in court for a crime were branded on the right hand - > [@](#): > > Branding, which literally meant the application of a branding iron to the convicted defendant’s body, was generally imposed upon convicts who received leniency from the court. For example, convicts who successfully pleaded “benefit of the clergy” — a practice which would spare a defendant affiliated with the Church from a death-penalty punishment — “were branded on the thumb (with a “T” for theft, “F” for felon, or “M” for murder), so that they would be unable to receive this benefit more than once.” Similar brands were issued to convicts who were found guilty of manslaughter instead of murder. > > Should the convict appear before the Court again, they would be required to raise their right hand, which would allow the Court to assess whether they had committed any previous crimes or received leniency in the past. This indelible “criminal record” was thus a sort of pre-cursor to the “character evidence” of today. ---
**Author:** ![KneadToKnow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kneadtoknow/32/3999_2.png) [@KneadToKnow](https://boards.straightdope.com/u/KneadToKnow)\ **Post date:** [April 8, 2014, 6:29pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/13 "2014-04-08T18:29:37Z")
I think we should all still have to put our hands on [testicles](http://www.psychologytoday.com/blog/games-primates-play/201112/testify-comes-the-latin-word-testicle). Someone’s, even if not your own. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [April 8, 2014, 6:30pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/14 "2014-04-08T18:30:20Z")
> [@Loach](#): > > Every time I have testified in court I have sworn on a bible. I am totally nonreligious so the book has no meaning to me. I consider the ritual to just be a physical sign of the oath I am taking which does have meaning to me. And making a point about my personal beliefs seems inappropriate at the time. What jurisdiction(s) have you testified in? I’m not disputing, just curious. I have tried cases in at least 10 states and have never seen a Bible in court. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [April 8, 2014, 6:34pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/15 "2014-04-08T18:34:30Z")
> [@Procrustus](#): > > What jurisdiction(s) have you testified in? I’m not disputing, just curious. I have tried cases in at least 10 states and have never seen a Bible in court. He’s a cop in NJ IIRC. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [April 8, 2014, 6:39pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/16 "2014-04-08T18:39:33Z")
I have always _affirmed_ that I will tell the truth. The last time I’m sure I was asked to _swear or affirm_. Only two previous times I recall so it’s not much of a sample. Since Quakers were a significant part of the population in the early days of the country and they don’t like the idea of swearing an oath it’s probably always been allowed. ---
**Author:** ![randompattern](https://avatars.discourse-cdn.com/v4/letter/r/7993a0/32.png) [@randompattern](https://boards.straightdope.com/u/randompattern)\ **Post date:** [April 8, 2014, 6:46pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/17 "2014-04-08T18:46:45Z")
> [@KneadToKnow](#): > > I think we should all still have to put our hands on [testicles](http://www.psychologytoday.com/blog/games-primates-play/201112/testify-comes-the-latin-word-testicle). Someone’s, even if not your own. This would mean more to me than a bible, I’d be very truthful if someone had me by the balls while questioning me. It always seemed to be a non-deterrent to lying. If a person is going to lie believer or not they will. I guess when it’s all said and done we still have to take a persons word for it that they’re not going to lie. ---
**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 8, 2014, 7:12pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/18 "2014-04-08T19:12:13Z")
> [@Antinor01](#): > > Looks like it’s a holdover from the 17th century. According to [this](http://nwsidebar.wsba.org/2013/10/21/raise-right-hand-court/) article, a number of people that had previously been in court for a crime were branded on the right hand - [cite] Neat. That’s a keeper. ---
**Author:** ![Ornery\_Bob](https://avatars.discourse-cdn.com/v4/letter/o/da6949/32.png) [@Ornery\_Bob](https://boards.straightdope.com/u/Ornery_Bob)\ **Post date:** [April 8, 2014, 7:15pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/19 "2014-04-08T19:15:10Z")
The whole “swearing in” deal is just a setup for perjury, which requires “an intentional act of lying after a person has taken an oath or affirmation to tell the truth.” ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [April 8, 2014, 10:16pm UTC](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653/20 "2014-04-08T22:16:48Z")
> [@dolphinboy](#): > > So what does raising your right hand do? How is that any different that raising your left hand, or your right leg? Does that mean that if I raise my right hand, but crossed the fingers of my left hand behind my back then I’m not really swearing? It seems like such a pointless ritual. Just ask the damn question… are you going to tell the truth or not? Let’s assume that the ritual itself is silly. You know what it means though. There you are in front of a guy in a black robe you can send you to jail if you screw up with your right hand in the air and promising to tell the truth. You know you can go to jail if you later do not tell the truth. This is easily distinguishable in your mind from telling your wife that this dress does not make her look fat or you promise that you won’t drink too much with the guys later tonight. If you lie after raising your right and and swearing or affirming you will tell the truth, this ain’t like lying to your buddies. Even if the individual actions are foolish, it gets the job done. [Next page](https://boards.straightdope.com/t/u-s-courts-does-a-witness-still-swear-on-a-bible/685653.md?page=2)