What justification for requiring witness in court to swear or affirm their answers are truthful?

Question

Yet Attorneys and law enforcement in the field are not held to the same standard. Which allows twisted theories to be presented as factual evidence, and exculpatory details exonerating a defendant to be undisclosed to the court.

Answer 1

I disagree with you on your perspective. Attorney are above all other things an officer of the court. They are held to ethical standards enforced by the Bar Association of their State Bar and can face sanctions by the judge. The role of the attorney is not to lie for the client or get them off the charge. Instead they role is to be an advocate for their client and advocate their position based on the information that is given to them.

Law enforcement officials in some respects are held to a higher standard. Any document they sign can lead to charges of fraud, tampering, or a variety of other charges. Even without signing a document anything they mishandle can result in them loosing their job or being charged.

Since there are standards in place for them it is highly unlikely that they would fabricate evidence or intentionally mislead the Court. When a person is convicted it is not due to some conspiracy of lying but the evidence provided shows beyond a reasonable doubt that the person charged was the one who committed the crime. Does this mean the system is 100% effective? No but those who are wrongfully convicted, I believe, will have their conviction over-turned if there was an error in law made.  

Answer 2

The court goes to great lengths to keep "theories" out of the mix. However if your attorney doesn't raise objections to conjecture that's not the courts fault. The one major flaw in our system is the poor get screwed because most PD' don't care what happens to you.

Answer 3

Not held to the same standard?

Not quite. Its part of the job to be held to that same standard. Many on the receiving end may not like what they do, may think they enjoy picking on people, may think they are power hungry... This is not the way of it. This is not the perspective of an officer. Nor do they wish to be put in such a position.

Your situation may be different but that is not the systems intent nor is it the norm.

Answer 4

All witnesses, including attorneys and law enforcement, are required to swear or affirm to tell the truth when testifying in court or in depositions.

Theories are not evidence, but may be included in the prosecutor's or defense attorney's arguments.

Exculpatory evidence is admissible.  It happens hundreds of times a day in trial courts in every state.  If it did not happen in your trial, ask your appellate attorney why such evidence was not offerred.