Counsel Refuses Perjured Alibi
Damon tells his lawyer Lena that his cousin will testify to a fabricated alibi. Lena refuses to call the cousin and explains the ethical bar. The cousin is malsworn because he would swear false testimony under oath.
Also known as: malsworne · perjured
Written by attorneys · grounded in primary & secondary sources — see below
An archaic adjective describing a person who has sworn falsely under oath.
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Damon tells his lawyer Lena that his cousin will testify to a fabricated alibi. Lena refuses to call the cousin and explains the ethical bar. The cousin is malsworn because he would swear false testimony under oath.
A city employee testifies at trial about an arrest. Later evidence shows the testimony was knowingly false. The employee is malsworn because the sworn statements were deliberately untrue.
An inspector testifies that a defendant knowingly filed false safety reports. Eight months later the inspector admits the testimony was knowingly false when given. The inspector is malsworn because the original sworn statements were deliberately untrue.
An officer testifies about observations leading to an arrest. Undisclosed footage later contradicts the account. The officer is malsworn because the trial testimony was knowingly false.
A newspaper column states that a coach committed perjury at a hearing. The coach sues for libel. The column accuses the coach of being malsworn by swearing falsely under oath.
A prosecutor presents testimony later shown to be perjured. The witness who gave the testimony is malsworn because the statements were deliberately false when sworn.
It describes a witness who has deliberately sworn falsely under oath, amounting to perjury.
The lawyer must consult the client, explain that ethical rules prohibit presenting known false testimony, and refuse to call the witness.
No. Solicitation is complete once the request to induce false testimony is made, and later withdrawal does not negate the offense.
…depriving a defendant of liberty through a deliberate deception of court and jury by the presentation of testimony known to be perjured. Such a contrivance by a State to procure the conviction and imprisonment of a defendant is as inconsistent with the rudimentary demands of justice as is the obtaining of a like result by…