Also known as: prevarications · prevaricator · prevaricators · prevaricate · prevaricated · lying · evasion
Written by attorneys · grounded in primary & secondary sources — see below
Lying in wait, searching for or following the contemplated victim of the crime.
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Preston Pratt hid behind a building for hours after learning his target would pass that route. He remained motionless and silent until the victim approached. Police arrested him before any further action occurred. The court treated his concealment as prevarication that strongly corroborated criminal purpose under the attempt statute.
Phuong Pham told federal agents she had never discussed a transaction when recordings showed otherwise. Her false denials were offered to conceal the ongoing scheme. The court held that the prevarication did not violate any protected privacy interest in the conversation.
Pierce Patterson stated under oath that he had registered a sawed-off shotgun when records showed no filing. Prosecutors used the prevarication to prove knowing possession without registration. The court upheld the conviction on that basis.
Paige Porter told the defendant that service had been perfected in Oregon when she knew the papers had been left in California. The prevarication led the defendant to default. The Supreme Court later held the judgment void for lack of proper notice.
Pilar Pena repeatedly denied any plan to kill when confronted by investigators. Her prevarication was introduced to show consciousness of guilt. The jury convicted after hearing the inconsistent statements.
Pearl Porter's counsel prepared detailed interview notes but refused to disclose them. The prevarication about their existence prompted a discovery fight. The court protected the notes as work product prepared in anticipation of litigation.
No. The Model Penal Code requires that the conduct be strongly corroborative of criminal purpose. Lying in wait meets that test only when it is part of a course of conduct planned to culminate in the crime.
…v. Family Finance Corp. , 395 U. S. 337 (1969). [^maj-35]: The role of in rem jurisdiction as a means of preventing the evasion of obligations, like the usefulness of that jurisdiction to mitigate the limitations Pennoyer placed on in personam jurisdiction, may once have been more significant. Von Mehren &…