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Swearing oaths in court.

  • 31-10-2008 08:46AM
    #1
    Closed Accounts Posts: 16,786 ✭✭✭✭


    I've often wondered about the oath taken by witnesses etc. this post brought the question back to mind. I have only ever been in a courtroom once and that case never proceeded due to a non-appearence so my knowledge is limited to say the least.

    Do people really swear on bibles? How are various religions catered for? Are there various versions of the bible for catholics and protestants or quarans and torah for muslims and jews? How are minor religions such as buddists or mormons catered for? What do athesist swear on?

    Are all these oaths treated with the same regard or some treated with less creedance than others?


Comments

  • Registered Users, Registered Users 2 Posts: 1,884 ✭✭✭grumpytrousers


    if somebody doesn't want to swear on the bible, they don't have to. There is in existance an 'affirmation' that a person can make before testimony and it counts as the same thing.

    The late State Pathologist John Harbison, when giving evidence, used to do the affirmation thing.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,561 Mod ✭✭✭✭johnnyskeleton


    Hagar wrote: »
    Are there various versions of the bible for catholics and protestants

    No, you can confirm in the religion forum, but I believe it's the same book for both.
    Hagar wrote: »
    or quarans

    Yes, it's kept in a box so that the infidel registrar doesn't touch it.
    Hagar wrote: »
    and torah

    Not in all courts, but where required they will get a copy.
    Haga wrote: »
    How are minor religions such as buddists or mormons catered for?

    The law library has copies of most holy books, so if it is really required those books can be fetched. I don't think there is any holy book for buddhists, and mormons generally don't litigate. Outside Dublin it depends on what is available locally.
    Hagar wrote: »
    What do athesist swear on?

    As grumpytrousers says, they affirm. This means they swear on the truth.
    Hagar wrote: »
    Are all these oaths treated with the same regard or some treated with less creedance than others?

    When it's a judge sitting alone then they are all treated the same. When there is a jury, your guess is as good as mine.

    Usually, gardai never affirm, and the people who do tend to be very intense people - e.g. forensic scientists.

    Would you swear or affirm?


  • Closed Accounts Posts: 16,786 ✭✭✭✭Hagar


    Thanks for the replies, I would be a candidate for an affirmation.


  • Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    In some courts down the country, asking to affirm really takes them by surprise.


  • Registered Users, Registered Users 2 Posts: 4,887 ✭✭✭JuliusCaesar


    Or even the High Court here - I asked to affirm and the registrar(?) looked very surprised and had a whispered conversation with the Judge, and then dug around on his desk till he found the affirmation oath.


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  • Registered Users, Registered Users 2 Posts: 9,979 ✭✭✭445279.ie


    Bond-007 wrote: »
    In some courts down the country, asking to affirm really takes them by surprise.

    I work in a court "down the country" and am never surprised by it :D
    Or even the High Court here - I asked to affirm and the registrar(?) looked very surprised and had a whispered conversation with the Judge, and then dug around on his desk till he found the affirmation oath.

    Unprofessional by a HC registrar really, I know all my oaths off by heart (except the Irish one) ;)


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Bond 007 I doubt what you say about requests to affirm being a problem in courts "down the country". I have decades of experience in courts in various parts of this country, and never saw a registrar having a problem with an affirmation. Further even down the country, copies of the Koran are available.


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