Questions tagged [perjury]
Perjury is an act of lying under oath
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Making false statements and affidavits in Family court
The applicant in the family court has used multiple false statements and affidavits to drag a case for 10 years. The applicant's lawyer has used false statements in the court to get decisions in the ...
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Legality of threatening perjury
Just to pretext, this question was inspired by a scene in Suits. I know that Suits is not a particularly accurate representation of the legal system, I'm just curious about the legality of a similar ...
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Does Eli Beer commit an offence and can he be prosecuted for it? [closed]
In this video Eli Beer (the head of Israeli EMS) tells ostensibly of personally witnessing many very gratuitous and gruesome, cruel war crimes like opening a pregnant woman’s stomach and stabbing the ...
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A witness (former gov't agent) knows top secret USA information. Can a court compel them to reveal the informaton?
A former US federal government employee knows information that was classified as top secret by the federal government. This information is relevant to a case. They were called to testify before the ...
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Is lying in an application for a job at a private company, signed under penalty of perjury, prosecutable as perjury?
A person applies for a job at the XYZ company. The XYZ company is a private company. As part of applying he fills out an application and signs it under penalty of perjury. The application has several ...
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When family members are aware of a crime of someone from the family but refuse to testify , are they held liable for perjury?
What do family members that don't want to testify against their family members usually do ? do they face the penalty ?
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What's stopping someone from saying "I don't remember"?
There are (at least) two problems possibly stemming from a person testifying in court:
If they tell the truth, the testimony may have negative consequences they potentially don't like (which is the ...
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Can someone be prosecuted for perjury after being given immunity on the grounds that they falsely pleaded the fifth?
Let's say that person A is being questioned in court and is asked where they were on the night of April 1st. Person A pleads the fifth, is given immunity, and is compelled to testify. Upon person A ...
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What should a lawyer do if they are confident their client is committing perjury?
Let's say a client confesses one thing to their lawyer, but at trial makes a radically different claim when asked while under oath. The difference is substantial and likely to affect the result of ...
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What are the consequences (if any) of admitting to a crime one did not commit?
Say that Vicky the Victim is murdered by Mark the murderer. However, Mark's best friend Fred doesn't want Mark to go to jail. So Fred admits to the murder, trying to take the fall in Mark's stead.
In ...
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How often do people who make complaints that lead to acquittals face repercussions for making false complaints?
In response to a recent question and others related to it, it appears that defendants who are found guilty, despite lying, are rarely punished further apart from the conviction.
However, what happens ...
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Is lying at all in a testimony considered perjury?
Say Bob was murdered at a coffee shop, and Jerry was a witness at the scene. At the trial, he is under oath, and gives his testimony. In his testimony, he explicitly claims that he was watching ...
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How common actually are perjury proceedings?
I’ve read a number of tenant advice materials that caution that landlords frequently lie at court and so one really has to be prepared for this to potentially happen.
Meanwhile, I have read a number ...
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Is it perjury to report not being a parent if one has an adopted child?
A person is on the witness stand. He has an adopted child under 18 but no biological kids. He is asked if he is a parent. He says no. Did he commit perjury?
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"I solemnly affirm" vs. "I affirm"
In many jurisdictions, one can swear or affirm with the same legal implications, although there are differences theologically. But what does it mean to "solemnly affirm"?
Does saying, "...
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How to affirm when asked to swear
In many jurisdictions, scenarios requiring an oath can alternatively require an affirmation. However, what happens if an official asks, "Do you swear to tell the truth, the whole truth, and ...
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On what grounds is it not considered a crime when the police try to intimidate someone into (falsely) telling them what they want to hear?
Clarification: I'm using words like "coercion" somewhat lightly (basically any kind of intimidation, including just verbal), and the emphasis of this question is more on the fact that the ...
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Does a witness admit perjury by testifying a different story on retrial?
Bob was a witness in a trial. That trial was later declared a mistrial and a new one was ordered.
When taking the witness stand again, Bob tells a whole different story, inconsistent or directly ...
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Is it perjury to break a promise made under oath?
Is it possible for a statement to retroactively become perjurious based on future actions?
Suppose:
I'm sworn in under oath (testifying in court, before congress, etc.)
I make a specific promise, e.g....
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If a witness for the prosecution recants on the stand because induced by the defense, what can the prosecution do to make up for it? [closed]
I'll try to summarize my details here. The lawyer is the only witness to what the other witness said. So, unless the lawyer takes the stand, the other witness cannot be contradicted, especially is if (...
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Is the following case about jury nullification true?
Let's say that someone lied about jury nullification in order to get on a jury with the intent to nullify, and they then get indicted for perjury. If they just demanded a trial by jury, would the ...
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Is it illegal to lie about alcohol consumption at a ride check program? (Canada)
Suppose I have a drink, then drive home after an hour. If I get stopped at a police ride check, I usually say I have not consumed any alcohol, because I don't want to take a breathalyzer test or risk ...
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How should you respond if called to testify in court without committing perjury?
Fortunately, I have not been a witness at court yet, and these scenarios are theoretical, but if I were, say if I witnessed a murder, then...
How much would I be expected to reveal if not directly ...
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Are You Entitled To Release From Prison If All Of Your Accusers Recant Their Testimony?
There's no physical evidence that a man convicted of a murder in Addison, Ill. is guilty. Instead, his conviction is mostly based on the testimony of three friends, all of whom later recant.
May a ...
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Are judges allowed to lie?
Is it legal for a judge to lie?
For example; if a judge tells a condemned prisoner that he will be hanged at noon on one weekday in the following week, but that the execution would be a surprise, and ...
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Can perjury apply to arbitration proceedings?
Can guilt for the crime of perjury apply outside of judicial or other government proceedings?
The answer to this very general form of the question seems to be no. Affirming that answer: It appears ...
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Adapt the oath of truth to a reasonable version?
I find the oath
Do you swear to tell the truth, the whole truth, and nothing but the truth?
an almost absurd request. It is common-sense that nobody knows the whole truth about anything, so how ...
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Can I use the court report to show false statements? [closed]
I have filed a Motion for New trial in Texas. Lots of prejudice and bias on my end (not just me - all involved agree, of course). I had 5 hearings in 1 day, attorney quit week before (I caught her ...
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Do judges really care about perjury?
Much of what I have read gives the impression that Judges expect the parties in a divorce to lie. But if the lie is persuasive, it prejudices the Court. I do not see pointing this out to a Judge ...
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Is a lie + "under penalty of perjury" enough to be perjury?
Suppose I took a piece of paper and wrote on it:
2 + 2 = 5
I declare under penalty of perjury that the foregoing is true and correct.
Executed on [date].
[my signature]
Would I have technically ...
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Known incorrect expert testimony to the SCOTUS, which may not deceive the common man. Is it illegal?
A sceptics answer discusses the misleading statistical analysis in the Texas vs. Pennsylvania, Georgia, Michigan and Wisconsin lawsuit that lead to the claim that there is less than a one in a ...
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Recourse for prosecution whose witness suddenly changes their story on the stand
Say prosecution has a witness who saw the defendant do the crime and is happy to testify it on the stand.
But when they take the stand, they suddenly surprise the prosecution by saying they did not ...
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At what point is perjury committed in an affidavits containing a lie?
If an affidavit contains a lie, at what point in time is perjury committed:
When the lie is committed to paper, before signing it?
At the moment the affidavit is signed?
When the affidavit is handed ...
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1
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Can/should a lawyer encourage technically true, but misleading, answers?
A lawyer cannot knowingly allow or encourage a defendant to commit perjury by lying on the stand. However, can they encourage a lie by omission?
So for an example If I tell the police that I didn't ...
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What protection against a perjury prosecution does a hostile witness have?
Smith is subpoenaed as a witness for the defense in a criminal case. The prosecution is allowed to treat the witness as hostile, and Smith is directed to limit his responses to yes and no. Assume that ...
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Has anyone been convicted of perjury for false DMCA takedown notices?
When a copyright holder demands that infringing material be taken down, the Digital Millenium Copyright Act (DMCA) paragraph 3A(vi) requires:
A statement that the information in the notification is ...
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Did Michael Flynn commit crimes other than perjury?
I understand that he pleaded guilty to perjury. On the things that he lied about, were any of them indictable offenses? Would he have been likely to be convicted?
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Does spousal privilege extend to a suitor when CHURCH (catholic, baptist, free, et al) teachings are involved? [closed]
How can the legal system hurt one individual for following church teachings if both of them are of the same religion?
In War Games the quote "The only way to win is to not play the game" (let a ...
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What happens if an expert witness admits he lied in a case
This happened in in 2004, in Germany, in a very small town. I don’t speak the language and relied on my English speaking lawyer and my bilingual gf.
On the night before the court date, my lawyer told ...
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lying to lawyer illegal
It's against the law to lie to a lawyer, isn't it?
This will vary by state, but I understand that almost any attorney admitted to practice in at least one court (that would be most attorneys by far) ...
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Does public denial of statements made under oath have legal consequences?
Say a witness is called and makes statements under oath.
As soon as he leaves the court, he tells the media that he lied under oath, and the truth is exactly the opposite to what he said (this may or ...
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What do you do when the truth is something that can be proven false beyond a reasonable doubt?
Suppose you firmly believe something to be true but you know that it can be proven false beyond a reasonable doubt. This can happen if, for example, you witnessed something that is incredibly unusual. ...
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Is it perjury lying to a Med. Examiner. & Funeral Dir. about being next of kin?
Is falsifying a state document (Medical Examiner Report)and lying to the medical examiner along with the Funeral director about being next of kin to a loved one considered perjury and can that person(...
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Under which country's law is perjury across borders adjudicated?
E.g. If someone provides false testimony to a court in another country by letter, does he perjure himself?
If so,
Will he be prosecuted according to the law of the country whose court requested the ...
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In a divorce case, the attorney knowingly allows his client to commit perjury [closed]
What kind of accountability is the attorney subject to?
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Perjury in State of the Union message?
The Constitution requires the President https://en.wikipedia.org/wiki/State_of_the_Union to report to Congress on the "State of the Union". The Constitution is vague on the manner of reporting and ...
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The five-year statute of limitations on lying to Congress
Part of the point of bringing someone before Congress is that they're forced to tell the truth or risk perjury charges. However, the charges only seem to apply if Congress can quickly dig up proof of ...
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Is answering a question you are not sure about under oath perjury?
Suppose I struggle to see at night, but was witness to a crime that took place and have been asked to give testimony. At the stand, I am asked whether I saw the defendant committing the crime, and ...
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Can you charge someone with perjury during a traffic stop
If a dashcam shows one party is 100% at fault, but they tell the officer at the scene another story and tells it very loudly (like volume vindicates their guilt or innocence), can we charge the driver ...
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Different kinds of perjury?
To convict someone of perjury, I would think it must be proved that in a statement under oath either
they knowingly said something untruthful, or
they knowingly told less than the whole truth, or
...