Also known as: suborn · suborns · suborned · suborning · subornations · subornation of perjury
Written by attorneys · grounded in primary & secondary sources — see below
An offense consisting of intentionally procuring or inducing another person to commit perjury. The offense requires that the witness actually commit the perjury in the proceeding.
Leah directs a paralegal to obtain a sworn affidavit from a former employee about undisputed box colors in a storage room. Even if the affidavit is signed and filed exactly as planned, the statement cannot affect any claim or defense. Prosecutors charge Leah with attempted subornation of perjury. The charge fails because the planned testimony would lack materiality even under Leah's own understanding of the facts.
A defendant is convicted of subornation of perjury after persuading a witness to give false testimony in a federal proceeding. The court imposes the traditional penalties of fine, imprisonment, and disqualification from testifying in any court. These sanctions reflect the offense's long-standing treatment as a serious interference with the administration of justice.
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A plaintiff sues state officials under 42 U.S.C. § 1983 alleging that officers conspired to suborn perjury by witnesses in a criminal trial. The court notes that the risk of fabricated testimony is already deterred by criminal laws against perjury and subornation. Adding civil liability would create excessive self-censorship by attorneys and witnesses.
A convicted defendant brings a civil suit claiming the prosecutor knowingly presented perjured testimony obtained through subornation. The court holds that absolute immunity protects the prosecutor from damages liability. The existing criminal prohibitions on perjury and subornation already deter such conduct without the added threat of personal lawsuits.
Plaintiffs allege a conspiracy under which private actors and officials induced witnesses to give false testimony in a civil rights case. The court examines whether the conspiracy claim can rest on subornation of perjury as one of the underlying acts. The analysis focuses on whether the alleged conduct meets the elements of the substantive offense.
A defendant convicted of subornation of perjury calls an investigator as a witness to impeach government testimony. The government seeks production of the investigator's report. The court requires disclosure because the defendant waived work-product protection by placing the investigator's observations at issue.
Yes. The offense is complete only when the procured witness gives the false testimony under oath in the proceeding. Mere solicitation or an unsuccessful attempt to induce perjury does not constitute the completed offense of subornation.
No. True legal impossibility is a defense to attempt. If the statement would lack materiality even if events unfolded exactly as the defendant planned, no completed subornation offense could occur and attempt liability is barred.
Subornation is treated as a distinct offense. It requires that the witness actually commit perjury, whereas aiding and abetting liability can attach to encouragement even if the principal offense is not completed.
Yes. Convictions for perjury or subornation of perjury are classic examples of crimes involving dishonesty or false statement. Such convictions are admissible to impeach any witness under Rule 609(a)(2) without balancing under Rule 403.
…prosecutions, inspired by mere mercenary considerations, prosecuted in a spirit of plunder, aided by the crimes of perjury and subornation of perjury, more reckless and dangerous to society than the alleged offenses out of which the cause of action may have arisen. It is a covert attempt to transfer another large portion of jurisdiction…