
Article
Swear Not at All: Time to Abandon the Testimonial Oath
New England Law Review
(2020)
Abstract
The testimonial oath is one of the most familiar incantations in the law. But there is no evidence to suggest that this ancient ritual is effective in securing truthful testimony. After studying the history and practice of the testimonial oath, this article proposes that the oath in its present form should be abandoned and replaced by a written affirmation that a witness will tell the truth when testifying.
Keywords
- oath,
- trial,
- affirmation,
- witness,
- perjury,
- religion,
- religious,
- evidence
Disciplines
Publication Date
Spring March 1, 2020
DOI
2018
Citation Information
Ian Gallacher, Swear Not at All: Time to Abandon the Testimonial Oath 52 New Eng. L. Rev. 247 (2018).