Also known as: perjured testimonies · perjury
Written by attorneys · grounded in primary & secondary sources — see below
Testimony given under oath in a judicial proceeding that the witness knows to be false on a material matter.
Pamela Phillips testified at trial that she never saw loose scaffolding. Jasper confronted her with a prior deposition in which she had sworn under penalty of perjury that she had warned the superintendent about the planks. The court admitted the deposition for its truth because it contradicted her trial testimony and satisfied the conditions for a prior inconsistent statement.
Parker Phillips testified for the defense in a robbery trial. The prosecutor sought to cross-examine him about membership in an organization whose rules required members to commit perjury for fellow members. The court permitted the questions because evidence of bias through such membership is always admissible to impeach.
Select any source to read its text and confirm it supports the definition.
Phuong Pham submitted a genetic testing report in a parentage action. The report was signed under penalty of perjury by the laboratory designee and met all statutory requirements. The court treated the report as self-authenticating without further testimony.
Patrick Phan asked his cousin to testify falsely that Phan was at a family event during a charged robbery. Even if the cousin had agreed and testified, the planned testimony would have lacked materiality. Phan therefore could not be convicted of attempt because an essential element of the target offense would have been missing.
Piper Patel told her lawyer she wanted to present an alibi witness who would lie under oath. The lawyer refused to call the witness, explained the ethical prohibition, and threatened to disclose the perjury to the court if Patel insisted. The lawyer's actions did not violate the right to effective assistance.
Pavel Petrov received use immunity and testified before a grand jury. After his testimony, the government prosecuted him for perjury based on statements made under the grant of immunity. The court upheld the prosecution because the immunity did not protect false testimony.
A lawyer must consult the client when the lawyer knows the client expects assistance that professional rules forbid, such as calling a witness the client has admitted will lie. The consultation explains the ethical limits and allows the client to make informed decisions about strategy.
Yes. When the declarant testifies at trial and is subject to cross-examination, a prior statement that is inconsistent with the testimony and was given under penalty of perjury at a proceeding or deposition is excluded from the hearsay definition.
A statement is material if it has the potential to influence or affect any phase or detail of the judicial proceeding. The prosecution must allege and prove materiality as an essential element.
Yes. Counsel has no duty to assist a client in committing perjury. Counsel must first attempt to dissuade the client, may consider withdrawal, and may disclose the perjury if necessary as a remedial measure.
…and most noble aspirations: our unwillingness to subject those suspected of crime to the cruel trilemma of self-accusation, perjury or contempt; our preference for an accusatorial rather than an inquisitorial system of criminal justice; our fear that self-incriminating statements will be elicited by inhumane treatment…