Evidence of the beliefs or opinions of a witness on matters of religion shall not be admissible for the purpose of proving that by reason of the nature of the beliefs or opinions the witness's credibility is impaired or enhanced.
(Code 1981, §24-6-610, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)
Cross references.- Religious beliefs or opinions, Fed. R. Evid. 610.
Law reviews.- For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Civil Code 1910, § 5268 and former Code 1933, § 38-1602 are included in the annotations for this Code section.
Belief in supreme being.
- Although desirable, it was not essential to the witness's competency that the witness believe in a supreme being, or that the witness be aware of God's existence. Smith v. State, 247 Ga. 511, 277 S.E.2d 53 (1981) (decided under former Code 1933, § 38-1602).
Individual acts of witness.
- It was not competent to take up individual acts of a witness and inquire of the witness as to the significance of such acts when viewed from a religious standpoint. Otherwise, practically every act of a man's life might be taken up and examined into. Eugee v. State, 159 Ga. 604, 126 S.E. 471 (1925) (decided under former Civil Code 1910, § 5268).
RESEARCH REFERENCES
Am. Jur. 2d.
- 81 Am. Jur. 2d, Witnesses, § 162.
C.J.S.- 98 C.J.S. (Rev), Witnesses, § 191 et seq.
ALR.- Propriety and prejudicial effect of impeaching witness by reference to religious belief or lack of it, 76 A.L.R.3d 539.