Also known as:perjure · perjures · perjured · perjuring · perjuries · perjurer · perjurers · lying under oath
Written by attorneys · grounded in primary & secondary sources — see below
A criminal offense consisting of a false statement made under oath or equivalent affirmation in an official proceeding when the statement is material and the declarant does not believe it to be true.
Sources & Authorities
How it applies
Common Examples
6
Prior Inconsistent Statement Under Oath
Patrick Phan testifies at trial that he never saw loose scaffolding. The prosecution confronts him with his earlier deposition in which he stated under penalty of perjury that he had warned the superintendent about the loose planks. Because the deposition meets the conditions for a prior inconsistent statement given under penalty of perjury, the court admits it for its truth and Patrick faces potential perjury exposure if the deposition account is proven false.
Bias Impeachment Through Perjury Risk
Paige Porter testifies for the defense in a criminal trial. On cross-examination the prosecutor asks whether Paige belongs to an organization whose rules require members to commit perjury to protect fellow members. The court permits the line of questioning because evidence of bias through willingness to commit perjury is always admissible to impeach a witness.
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Genetic Testing Report Under Penalty
Pierce Patterson submits a genetic testing report in a parentage action. The laboratory designee signs the report under penalty of perjury as required by the uniform act. The court treats the signed report as self-authenticating and admits it without further testimony, exposing the designee to perjury liability if the report contains knowing falsehoods.
Legal Impossibility Defense to Perjury Attempt
Pavel Petrov attempts to suborn perjury by asking a witness to testify to a fact that would not be material even if believed. Because materiality is an essential element of perjury, the court holds that legal impossibility prevents conviction for attempt when the planned testimony could never satisfy that element.
Counsel Refusal to Present Perjured Testimony
Pearl Porter tells her defense lawyer she intends to commit perjury on the stand. The lawyer refuses to present the false testimony and threatens to disclose it to the court after attempting to dissuade her. The court finds no violation of the right to effective assistance because counsel has no duty to assist in committing perjury.
Credibility Assessment on Summary Judgment
Piper Patel offers witness testimony to prove actual malice in a defamation suit. The defendant points out the witness's prior perjury conviction. The court denies summary judgment because credibility determinations, including the impact of a perjury conviction, remain jury functions even when the nonmovant's evidence is thin.
Common questions
Frequently Asked
5
What are the elements of perjury at common law?+
Perjury requires a willful and corrupt false statement under oath concerning a material matter in a judicial proceeding. Materiality exists when the statement has the potential to influence any phase or detail of the proceeding. The prosecution must allege and prove materiality.
How does the Model Penal Code define perjury?+
A person commits perjury if in any official proceeding the person makes a false statement under oath or equivalent affirmation when the statement is material and the person does not believe it to be true. The offense is a felony of the third degree.
When may a prior inconsistent statement given under penalty of perjury be admitted for its truth?+
The statement must be inconsistent with the declarant's testimony at trial, the declarant must testify and be subject to cross-examination, and the statement must have been given under penalty of perjury at a trial, hearing, other proceeding, or deposition.
Does defense counsel violate the Sixth Amendment by refusing to present perjured testimony?+
No. Counsel's duty of loyalty does not include assisting a client in committing perjury. Counsel must first attempt to dissuade the client, then consider withdrawal, and may disclose the perjury if necessary under ethical rules.
What is subornation of perjury?+
Subornation of perjury is a distinct offense that occurs when a person intentionally persuades, procures, or otherwise induces another person to commit perjury.
384 U.S. 436 (1966)Evidence
…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…