Let’s Change the Witness Oath

You’ve seen it on Court-TV and a myriad of courtroom dramas on TV and in the movies: a person goes to the witness stand, they are told to raise their right hand and usually place their hand on a Bible, and say some version of the witness oath.

Do you swear (or affirm) that the testimony you will give shall be the truth, the whole truth, and nothing but the truth (so help you God)?

It bugs me that there isn’t really a stay-out-of-jail choice to refuse. If you prefer to leave open the option to lie on the stand (and who wouldn’t–you don’t know what they intend to ask) and don’t agree to the oath, you’ll likely be found in contempt and/or slapped with a misdemeanor offense. If that’s the case, then why ask the question in the first place? It’s a false choice that is often violated in practice. “The whole truth.” I’m not sensing a lot of lawyers want that sort of detail. And what is truth, anyway? Philosophers have argued about that for millennia.

To replace the oath, I propose a statement to be given to the witness when they first take the stand:

You are expected to answer questions truthfully. To knowingly do otherwise can and will be prosecuted to the full extent of the law.

You are told straight out to tell the truth or face the possible consequences. Simple. Since you are given no choice in the matter, there is then no reason to offer up a false choice with the oath. You eliminate many troublesome areas.