Questions tagged [perjury]

Perjury is an act of lying under oath

Filter by
Sorted by
Tagged with
22 votes
6 answers
7k views

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 ...
user0306's user avatar
  • 1,651
21 votes
4 answers
4k 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 ...
LoremIpsum's user avatar
18 votes
3 answers
5k views

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 ...
OprenStein's user avatar
18 votes
5 answers
5k views

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 ...
TylerDurden's user avatar
15 votes
4 answers
4k views

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 ...
Bob's user avatar
  • 1,163
13 votes
4 answers
5k views

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 ...
Mindwin Remember Monica's user avatar
13 votes
1 answer
3k 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 ...
Paul Johnson's user avatar
  • 13.2k
11 votes
2 answers
11k 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 ...
Carlos Bribiescas's user avatar
9 votes
5 answers
9k 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 ...
Noah Cristino's user avatar
6 votes
2 answers
2k views

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?
Bob's user avatar
  • 1,163
6 votes
3 answers
2k 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 or innocence), can we charge the driver ...
Classified's user avatar
6 votes
3 answers
921 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, ...
Beracah's user avatar
  • 163
6 votes
2 answers
368 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 ...
Thomas's user avatar
  • 523
6 votes
1 answer
315 views

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 ...
dsollen's user avatar
  • 8,400
6 votes
2 answers
709 views

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 ...
chausies's user avatar
  • 3,745
5 votes
1 answer
424 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 ...
user6726's user avatar
  • 215k
5 votes
2 answers
439 views

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 ...
TylerDurden's user avatar
4 votes
3 answers
2k 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 ...
feetwet's user avatar
  • 21.8k
4 votes
3 answers
848 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 ...
user27675's user avatar
4 votes
2 answers
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 ...
Nick ODell's user avatar
4 votes
1 answer
2k 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(...
Lisa Houlihan's user avatar
4 votes
3 answers
578 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....
Robert's user avatar
  • 344
4 votes
1 answer
11k 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 ...
sleske's user avatar
  • 7,975
3 votes
1 answer
186 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 ...
Greendrake's user avatar
  • 26.8k
3 votes
1 answer
230 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 ...
ohwilleke's user avatar
  • 206k
3 votes
1 answer
1k 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 ...
Greendrake's user avatar
  • 26.8k
2 votes
4 answers
913 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 ...
DividedByZero's user avatar
2 votes
3 answers
1k 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. ...
David Schwartz's user avatar
2 votes
2 answers
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) ...
Nick's user avatar
  • 337
2 votes
1 answer
541 views

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 ...
The Editor's user avatar
  • 1,285
2 votes
2 answers
156 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 ...
joseph-parsons's user avatar
2 votes
1 answer
275 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 ...
Matthew Cline's user avatar
2 votes
2 answers
362 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 ...
DJohnM's user avatar
  • 1,865
2 votes
1 answer
462 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 ...
srcerer's user avatar
  • 137
2 votes
1 answer
174 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 ...
dsollen's user avatar
  • 8,400
2 votes
2 answers
175 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 ...
DJohnM's user avatar
  • 1,865
2 votes
1 answer
7k 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?
teldon james turner's user avatar
2 votes
2 answers
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 ...
Carduus's user avatar
  • 439
1 vote
3 answers
4k views

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 ...
logmol's user avatar
  • 39
1 vote
2 answers
354 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 ...
Danial's user avatar
  • 17
1 vote
1 answer
294 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, ...
moonman239's user avatar
  • 3,070
1 vote
3 answers
159 views

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 ?
user avatar
1 vote
3 answers
738 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, ...
Neil Meyer's user avatar
  • 4,809
1 vote
1 answer
737 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 ...
Thufir's user avatar
  • 125
1 vote
2 answers
272 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 ...
Greendrake's user avatar
  • 26.8k
1 vote
2 answers
435 views

"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, "...
The Editor's user avatar
  • 1,285
1 vote
2 answers
285 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 ...
bestofthebeast's user avatar
1 vote
1 answer
238 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 ...
Michael Hardy's user avatar
1 vote
1 answer
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 ...
user avatar
0 votes
2 answers
83 views

In a divorce case, the attorney knowingly allows his client to commit perjury [closed]

What kind of accountability is the attorney subject to?
JAS's user avatar
  • 11