Questions tagged [perjury]

Perjury is an act of lying under oath

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2answers
107 views

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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3answers
172 views

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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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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1answer
102 views

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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2answers
200 views

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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1answer
99 views

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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2answers
104 views

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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1answer
169 views

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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2answers
178 views

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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3answers
1k views

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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1answer
208 views

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 ...
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1answer
165 views

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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4answers
3k views

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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3answers
892 views

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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1answer
64 views

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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1answer
204 views

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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1answer
106 views

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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1answer
225 views

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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2answers
62 views

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 ...
2
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1answer
122 views

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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1answer
918 views

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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4answers
518 views

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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0answers
51 views

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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2answers
270 views

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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1answer
164 views

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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3answers
473 views

In Canada, is there an individual cause of action against a perjurer or police?

Consider the situation where a person commits perjury by falsely asserting a material fact in court that goes against your case.1 In Canada, could you sue the perjurer? Suppose you lost your job, ...
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2answers
2k views

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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4answers
6k views

Why aren't all guilty people charged with perjury

Say you are convicted of murder, for example. When you go to court, and plead not guilty under oath, isn't that perjury, since you're lying by saying that you didn't do it? "Perjury is a criminal ...
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2answers
1k views

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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1answer
154 views

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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1answer
1k views

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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2answers
75 views

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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2answers
353 views

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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2answers
10k views

Benefits of "I do not recall..."

Its often a joke that politicians say "I don't recall doing X" when being accused of something. In English saying I don't recall implies that you could be mistaken. But literally speaking, at any ...
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4answers
615 views

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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2answers
305 views

Consequences of contradicting one's sworn testimony in separate cases?

If a person makes a statement to police and 2 years later in a courtroom, under oath but not the same case, they make a statement that directly contradicts their witness statement does the defense ...
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3answers
1k views

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), can we charge the driver with perjury?...
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1answer
652 views

how to prove perjury?

How is perjury proved in a rental arbitration hearing? The testimony is sworn. Of course, people make mistakes, mis-speak etc. But if verbal sworn evidence is self-contradicting does rise to the ...
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2answers
142 views

Charged with perjury without specific action

Suppose a person testifies, under oath, on two different occasions, as to certain events. The two sworn testimonies are in direct and clear contradiction to each other. For example, one time Jane ...
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1answer
1k views

What does "paid endorsement" mean?

I've seen a lot of YouTuber personalities claim that "this is not a paid endorsement", and I'm wondering if this is just legal phrasing that's akin to answering "Have you ever been convicted of a ...
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3answers
521 views

Dashcam video contradicts officer's testimony in municipal traffic court, what are the consequences? How do you charge for perjury?

During a traffic court trial, a police officer's testimony contradicts dashcam video and leads to a guilty verdict. Can the officer be charged with perjury? Who charges the officer with perjury? How ...
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2answers
7k views

What does "declare under penalty of perjury" mean within a federal civil case?

I was reading a document filed by a member of the SEC in a civil case. (1:15-mc-91258-RGS in District of Massachusetts) At the beginning, it said this: I, <name>, declare under penalty of ...
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1answer
8k views

Is it perjury if I accidentally make a false statement under oath, but fail to correct it once I realized?

This answer claims that you are required to correct an accidental false statement made under oath: When you become aware that a statement made under oath was false (assuming such a statement was ...
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3answers
758 views

Can an ISP respond to a DMCA counter notice on behalf of a user?

We are an ISP, allowing our users to write reviews of their educational experience. Normally the users' free speech rights are protected through the Communications Decency Act, Anti-SLAPP statutes, ...
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1answer
248 views

How was Clinton's lie under oath about the Lewinsky affair relevant to the subsequent perjury charge?

My reading indicates that Clinton's outright denial about having the said affair constituted perjury, which is why he was impeached by the House. But it's not illegal to engage in sexual intercourse, ...
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1answer
6k views

Is it illegal to supply a false address to a bank?

Can somebody get in trouble for supplying a false address to a bank when opening an account?
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1answer
108 views

self-deception and dishonesty [closed]

Is it generally taught in law schools that if no person other than one who utters a false statement can be deceived by it, then there is no dishonesty? [I tried to put an "ethics" tag on this ...