Perjury

Criminal Law: Crimes Against Government: Perjury

Introduction to Perjury

A common law misdemeanor, perjury is now generally classified as a statutory felony. Perjury is defined as willfully giving a false statement while under oath concerning a material matter in a judicial proceeding. A statement is material if it could have influenced the outcome of the proceeding in which it was given. For example, a witness to an automobile accident who lies under oath about her age is not guilty of perjury because the false statement does not concern a relevant issue. However, an alleged victim of statutory rape commits perjury if she falsely testifies that at the time of the intercourse she was over the statutory age of consent. The age of the victim is a core issue in a statutory rape prosecution.

People swear falsely when they tell what they know to be a falsehood or even what they believe to be a falsehood (even if it is in fact true). It is not swearing falsely, however, to tell what is in fact false when the witness honestly believes it to be true. Modern statutes have generally expanded perjury to include proceedings other than judicial proceedings, such as congressional hearings and proceedings before a notary public.

The crime of intentionally causing or encouraging another person to commit perjury is known as subornation of perjury. If the other person erroneously believes his or her testimony to be true and thus does not commit perjury, the person who encouraged the perjury is not guilty of subornation of perjury” (1)

Resources

Notes and References

• Information about Perjury in the Encarta Online Encyclopedia

Guide to Perjury

In this Section

Crimes Against the Government (including Treason, Perjury and Bribery)

Introduction to Perjury

Perjury, in criminal law, willful false statement made under oath with respect to a material matter, either in a legal proceeding, as by a witness at a trial, or in matters in which an oath is authorized or required by law, as in an affidavit affecting title to property. To constitute perjury in a legal proceeding it is not necessary that the offender know the statement would affect the determination of the case in which it is uttered; it is sufficient if the statement might have affected such a proceeding. A misstatement by a witness, made through inadvertence or mistake, does not, however, constitute perjury. A violation of a promissory oath, as, for example, the oath of office taken by a judge, does not warrant prosecution for perjury.

In most states of the U.S., perjury is a misdemeanor; in others it is a felony. Corroboration of the falsity of the statement is necessary to convict an offender; perjury cannot be proved by the statement of a single witness. Willfully procuring another person to commit perjury constitutes the crime of subornation of perjury. Even an unsuccessful attempt to suborn is a criminal offense.” (1)

Resources

Notes and References

• Information about Perjury in the Encarta Online Encyclopedia

Guide to Perjury