Also known as: malsworn · malesworne · perjured · forsworn
Written by attorneys · grounded in primary & secondary sources — see below
An archaic designation for a person who has sworn falsely under oath. The label identifies one who commits perjury by giving false testimony after taking a lawful oath.
Select any source to read its text and confirm it supports the definition.
Damon tells his lawyer Lena that his cousin will give an alibi placing him at a barbecue during the robbery. Damon later admits the cousin was never there and the story is fabricated. Lena refuses to call the cousin, explaining that presenting the testimony would assist a malesworn client in committing perjury.
After conviction Malik seeks habeas relief arguing a new credibility rule should apply. The court holds the rule is not retroactive. Malik remains bound by his original verdict because the malesworn testimony he now challenges was already litigated under the law in force at the time.
Reed, a government inspector, testifies at Malik's trial that safety reports were falsified. Later, in a civil deposition, Reed admits parts of that testimony were inaccurate. The court treats Reed's trial statements as malesworn but holds that the later statements receive First Amendment protection because they addressed matters of public concern.
King challenges his state conviction in federal court, claiming the prosecution relied on malesworn police testimony. The court denies relief, holding that the state court's factual findings on credibility are entitled to deference even when the testimony later appears false.
At trial the prosecution seeks to impeach Malik's witness with prior inconsistent statements that were themselves malesworn. The court rules that the prior false statements may not be used to impeach because they were obtained in violation of the defendant's constitutional rights.
A prosecutor presents testimony later shown to be malesworn. The defendant sues the prosecutor for damages. The court holds the prosecutor absolutely immune from suit for actions taken in the judicial phase of the prosecution even when the evidence is later proven false.
The term is an archaic label for a person who has sworn falsely under oath, equivalent to one who commits perjury. Modern courts and rules address the same conduct through perjury statutes and professional-conduct rules that prohibit lawyers from knowingly presenting false testimony.
Supporting sources
Yes. Counsel's duty of loyalty does not extend to assisting a client in presenting malesworn testimony. Counsel must first attempt to dissuade the client, consider withdrawal, and, if necessary, disclose the perjury to the court as a remedial measure.
Supporting sources
…86 (1923). And see Frank v. Mangum , 237 U.S. 309 (1915). Convictions obtained by coerced confessions,[^maj-16] by the use of perjured testimony known by the prosecution to be such,[^maj-17] or without the effective assistance of counsel,[^maj-18] have also been held to be exertions of state authority in conflict with the…