“...Nothing But The Truth”

Monday, October 15, 2012

My question is concerning two aspects of our court system in the United States. The first is that I feel that I would not feel right about being asked to participate on a jury in a death-penalty eligible case.  Wouldn't this be opposed to the teachings of Matthew 7:1-2, or is it okay when this is the law as established by our government?  And secondly, I would not feel comfortable "swearing in" as it seems to contradict what we are told in James 5:12.  Is this wrong, and if so, what happens if you refuse to be sworn in due to your religious beliefs?

Sincerely,
Jury Pool

Dear Jury Pool,

Let’s address the death penalty case first.  God has given the government the authority to issue capital punishment upon criminals.  God told Israel to stone wicked people in certain circumstances (Lev 20:27).  Paul says that God gives governments “the sword”; they are a minister of God and an avenger of wrath to those that do evil (Rom 13:4).  When you are a juror, you are functioning as a part of the government, and therefore, have every right to cast your vote accordingly.

The second part of your question deals with taking oaths and “swearing in” at a court hearing.  When James says not to swear (Jas 5:12), he is reiterating what Christ said (Matt 5:36-37).  These verses are addressing a specific problem with people swearing frivolous and only considering their words binding if they are part of an official oath.  The Pharisees and scribes had become experts at finding loopholes to avoid the responsibilities of keeping their word (Matt 23:16-22).  It isn’t the taking of an oath that is the problem – but when we consider an oath as different from a normal promise.  Even God took an oath (Heb 6:13).  The book of Hebrews uses oath-keeping as a positive example (Heb 6:16).  Paul called upon God as his witness (1 Cor 1:23).  Jesus responded immediately when asked to take an oath that He was the Christ (Matt 26:63-64).  Jesus’ teaching on oaths is that whether formal or informal, our ‘yes’ should be ‘yes’ (Matt 5:37).

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