One doubts, however, that the authors of these provisions would have limited the privilege to swom
statements if the statements of an unsworn defendant who had been tortured were offered at his trial.
Ten days after Lyndon Johnson was swom
in, I visited the White House in the company of James Farmer, the president of the Congress of Racial Equality.
Ic waes faemne geong, feaxhar cwene, ond aenlic rinc on ane tid; fleah mid fuglum ond on flode swom
, deaf under ype dead mid fiscum, ond on foldan stop--haefde fero cwicu.
statement of three negroes unlawfully taken by the officers of Her Majesty's ship London from the American bark Laconia, enclosure 5 in Hathorne to Second Assistant Secretary of State, 3 January 1879, DCZ, vol.
30) If unsworn or informal witnesses as well as swom
or official witnesses can make mistakes and lie, the epistemic need for rules of evidence may be as great (or as little) when the jury is a self-informing body as when it is not.