Severna Park, MD asked in Criminal Law for Maryland

Q: In MD, what would happen if you cannot swear to tell the truth? (As a witness for the state)

Say you are sociopathic or otherwise mentally "impaired", and would readily lie or manipulate the truth, without reservation or remorse, can the court still require you to swear an oath? If documentation of this incapacity was available, how would the court handle it?

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2 Lawyer Answers
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
Answered
  • Criminal Law Lawyer
  • Glen Burnie, MD
  • Licensed in Maryland

A: You could face the penalties of perjury if such were shown to be the case.

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
Answered
  • Criminal Law Lawyer
  • Glen Burnie, MD
  • Licensed in Maryland

A: In my previous answer that is if someone knowingly lied on the stand. If someone had a physical disability that prevented them from telling the truth, that is something that should be reported to the attorney preparing to call the witness and would likely kick in some specific duties of the attorney under rules of ethics regarding even calling the witness to the stand and disclosure to the court.

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