Monday, September 26, 2005

the truth

Recently we held our law school’s annual mock trial competition, and as a member of the board, I got/had to sit through all of the preliminary rounds as a “juror” (we were actually judging the competitors on style, ability to argue, etc.). We tried as best as we could to preserve all the gravity and decorum of a real trial in a real courtroom, even going so far as to sequester the witnesses (i.e. our classmates) and swear them in as they took the stand. However, at one point we realized that our witnesses were being sworn in on a copy of our school’s law review periodical, and this didn’t seem appropriate. (the Dean might not have minded, I suppose). I was asked if I had a copy of the Bible we could use, so I brought one the following evening and we proceeded.

But I couldn’t help wondering—if judges aren’t allowed to display copies of the ten commandments on the walls of the courtroom, is it a violation of that principle to require witnesses to affirm their statements on a Bible? I’m not sure of the legal implications of being sworn in on a copy of the Koran or the Vedas or the Tao te Ching, but I wonder how the courts handle witnesses of different faiths who are asked to place their hands on the Bible and swear to tell the truth and nothing but the truth “so help me God”? By now some of you may be rolling your eyes, but I’m not necessarily advocating that we quit the practice of swearing on some text of higher import. I will admit that it doesn’t really serve any legal purpose, but I kind of like some of the old traditions provided they don’t step on anyone’s philosophical toes. Any Buddhists, Muslims, etc. out there with a take on this?