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Originally Posted by Mike L
Thinking more about this, I wonder if taking an oath has any legal significance: in particular, the stuff about swearing to tell "the truth, the whole truth, ... " etc. If I didn't tell the truth while giving evidence, surely I would be just as guilty of perjury, whether or not I had sworn to do so?
Just a thought.
Mike
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Depends on the jurisdiction, but in the US I believe there is language in the applicable laws that specifically reference being under oath and "falsely swearing". The specifics may vary between Federal and other courts. I'll pop back with links in a bit when I find the ones I'm looking for.
Here's a link, regarding Federal courts, from the DOJ Criminal Resource Manual:
http://www.justice.gov/usao/eousa/fo...9/crm01745.htm
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The first element of a perjury offense is that the defendant must be under oath during his testimony, declaration or certification, unless the perjurious statement is an unsworn declaration permitted by 28 U.S.C. § 1746. No specific form of oath is required. The oath must only be sufficiently clear that the declarant is aware that he or she is under oath and required to speak the truth. Proof of the competency and authority of the oath-giver may be required for prosecutions under section 1621. See, United States v. Debrow, 346 U.S. 374, 377 (1953) (indictments reinstated although government failed to allege name of oath administrator).
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