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42 votes
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Adapt the oath of truth to a reasonable version?

I think you should take "the whole truth" as simply short for "all the truth known to the witness, within the limits of the rules of evidence as applied by the judge." and take &...
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25 votes

Do judges really care about perjury?

Perjury is more than a lie It is a knowing deceit undertaken with the express purpose of misleading the court on a material issue. It isn’t misremembering, or contradicting oneself (or others), or ...
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17 votes

Adapt the oath of truth to a reasonable version?

It's the whole truth of your experience If I were to say "I saw John going into the store", in reality it may have been someone else, or they may have simply walked past the store (if you ...
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15 votes
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Why aren't all guilty people charged with perjury

Perjury is not 'not telling the truth'. It requires (in most jurisdictions) being proven to have deliberately lied under oath. As Xavier pointed out, you are not on oath when entering a plea (among ...
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13 votes

Adapt the oath of truth to a reasonable version?

Liability for perjury is governed by the language of the applicable perjury statute and the related case law, not by the language of the oath itself. The situation in the case of contempt of court is ...
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12 votes

Why aren't all guilty people charged with perjury

Without going to specific jurisdictions perjury is "the offence of willfully telling an untruth or making a misrepresentation under oath". It therefore requires an untruth intentionally made with the ...
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10 votes
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Can you charge someone with perjury during a traffic stop

As far as I know, every jurisdiction in America limits perjury to cases of lying under oath. Because it seems unlikely that the driver would be under oath at this point, you would probably lack ...
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10 votes

Can perjury apply to arbitration proceedings?

RCW 7.04A.170 states that "An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths", ...
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9 votes
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Benefits of "I do not recall..."

"I don't recall" will protect you from perjury only if it's true. Let me try an example. You're asked: "Did Mr. Blatter hand you an envelope full of cash?" You say: "Not to my recollection." Now ...
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8 votes
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Does public denial of statements made under oath have legal consequences?

Will he break any laws by saying that (assuming the actual truth cannot be found out)? The statement made outside the courtroom is not itself perjury, since it is not made under oath. But that ...
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7 votes
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How was Clinton's lie under oath about the Lewinsky affair relevant to the subsequent perjury charge?

Willfully telling an untruth or making a misrepresentation under oath is perjury; the reason you do so or the substance of it is irrelevant. It is the act of perjury itself that is an offense and led ...
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7 votes

Is it perjury lying to a Med. Examiner. & Funeral Dir. about being next of kin?

Contempt This is not contempt of court, which happens only in the physical presence of a judge, or in relation to a court order known by the person to be held in contempt to exist and related to that ...
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6 votes
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Is answering a question you are not sure about under oath perjury?

In the United States, the question that determines whether it's perjury is whether or not you believe what you said was true. Whoever— (1) having taken an oath..., willfully and contrary to such oath ...
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6 votes

Can perjury apply to arbitration proceedings?

What's the reality? There is great diversity in how arbitration proceedings are conducted (as another answer notes, there are also lots of forms of ADR, especially mediation, that don't involve ...
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5 votes
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What does "declare under penalty of perjury" mean within a federal civil case?

It is like an affidavit of sort, sworn out without the jurat and not before a notary. The swearing out of a complaint or rebutting evidence in all Federal civil matters (some states allow for the same)...
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  • 10.9k
5 votes

Can you charge someone with perjury during a traffic stop

Short Answer No. You can't charge someone with perjury at a traffic stop. Long Answer Perjury is a criminal offense, not a claim that can be brought by a private individual in a civil action. ...
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5 votes
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how to prove perjury?

Laws criminalizing perjury are not about being mistaken or less believable in your testimony. The crime is, very narrowly, stating something which you do not believe to be true, while under oath. If ...
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5 votes
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Are You Entitled To Release From Prison If All Of Your Accusers Recant Their Testimony?

No. A federal court may not vacate the conviction which the state court declined to vacate under these circumstances. On March 22, 2009, a jury found Luis Villavicencio‐Serna guilty of first‐degree ...
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4 votes

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

The defence in a criminal case has no obligation to inform the prosecution of anything. The onus is on the prosecution to provide the evidence to convict and the defence doesn't have to and indeed ...
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4 votes

lying to lawyer illegal

No A lawyer is considered an "officer of the court" in the sense that certain duties to the court are imposed on the lawyer. That does not give the lawyer authority as if the lawyer was part ...
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4 votes
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Has anyone been convicted of perjury for false DMCA takedown notices?

Short version: No, no one has even been prosecuted. Does the perjury clause apply to all the information in the notification, or only the statement that the complaining party is authorised to act etc....
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4 votes
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Is a lie + "under penalty of perjury" enough to be perjury?

First thing is, the statement has to be with a specific governmental sphere, such as in a submission to a court, or a document with some legal weight submitted to a party where the government has ...
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  • 165k
4 votes

Do judges really care about perjury?

Perjury is a crime In general, Perjury is defined as knowingly telling a lie (not necessarily just falsehood) to the court. The intention behind it is usually to prevent justice to get a correct ...
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4 votes
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Does a witness admit perjury by testifying a different story on retrial?

Bob should certainly expect to be impeached by whichever side his testimony injures. Their attorney will confront him with the transcript of his previous testimony, and likely read it out loud for the ...
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4 votes
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How to affirm when asked to swear

According to the Wikipedia article "Affirmation", in the UK: A right to give an affirmation has existed in English law since the Quakers Act 1695 (An Act that the Solemne Affirmation & ...
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3 votes
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Charged with perjury without specific action

In Wisconsin, right after the perjury law, they have a law prohibiting "false swearing". It applies if a person: Makes or subscribes 2 inconsistent statements under oath or affirmation or upon ...
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3 votes

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

The defense has every right to do the best for its client. Unless it is specifically barred by either the law or by the judge, the defense can do anything and everything to protect its client. Without ...
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3 votes

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

I have not found a case directly on point, but there is a case in the right neighborhood. In Flordia v. Carter 364 So. 2d 1249, Carter was charged with perjury for making a false statement under oath....
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3 votes

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

Based on the question, this was not perjury; if the officer did not review the footage, the fact that his testimony was in error indicates a mistake, nothing more. To even consider a perjury charge, ...
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3 votes

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

The penalties are a fine that I can't be bothered finding the value of or up to 5 years imprisonment https://www.law.cornell.edu/uscode/text/18/1621 It has no meaning outside of its usage as a ...
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