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9

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 other reasons, you would be required to incriminate yourself). Secondly, "I am not guilty" could mean anything from "the prosecution wrongly think that what I ...


9

"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 the government introduces a videotape of you receiving and counting the money, and a thank-you note you wrote to Blatter saying "Thanks for the awesome bribe!" ...


8

This is a good question, although it discusses crimes. This answer generalizes the question by giving a response for civil violations. In the united-states, where federal civil-procedure is followed and provided the tape isn't solely for impeachment purposes (i.e. it also documents other elements), there are certain disclosures required at the beginning of ...


7

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 intent to deceive while under oath - not stated in this definition is that the deceit must be material to the matter being decided. First, pleas are not given ...


7

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 doesn't mean that there wouldn't be legal consequences. It would be powerful evidence in a perjury prosecution (surely enough for a conviction even standing alone ...


6

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 to the impeachment.


6

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 person in some way. Potential Criminal Liability Criminal liability is an offense which can only be brought by the prosecutor's office in Arizona, for which ...


5

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 you make a statement that happens to be untrue but you believe it is true (you are mistaken), that is not perjury. In the US, moreover, you have to assert ...


5

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 probable cause to make an arrest. At the same time, many states have separate laws addressing the making of false reports, lying to an officer, etc. I'd imagine ...


5

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) must contain an affidavit or an "unsworn declaration" that swears out the facts to be true and accurate, even though not notarized, and is based on fact and ...


5

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 states or subscribes any material matter which he does not believe to be true; or (2) ... willfully subscribes as true any material matter which ...


4

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. He recanted his testimony in a letter to the defense attorney the next day. Subsequently he was charged with perjury: the trial judge dismissed the case based ...


4

Yes, sanctions are possible. But not automatic. "Trial by ambush" is not allowed in the U.S. Both sides have the right to know the evidence of the other side prior to trial. This process is called discovery and it is governed by a set of rules. I suspect any possible sanctions in this case would be discretionary by the judge and legally justified by the ...


4

In the UK, when you are read your rights you are told that you don't have to say anything, but that it may harm your defence if you later rely in court on anything that you haven't mentioned. The obvious reason is that if you make any claims that might prove you are innocent, the cops want to be able to verify those claims, which they can't if they hear of ...


4

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 shouldn't help them do it. The defence can and probably would use conflicting statements by a prosecution witness to discredit that witness in the eyes of the ...


4

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 of the court staff, nor a law enforcement officer. A statement can be prosecuted as perjury only if it is made under oath (or affirmation) in court, or if it is made "...


3

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 signing a statement pursuant to s. 887.015 in regard to any matter respecting which an oath, affirmation, or statement is, in each case, authorized or required by ...


3

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 informing the prosecution beforehand, and without reference to the impact that it might have on anyone else (assuming it's within the law). In the "The ...


3

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. Prosecutors charge people with perjury and other crimes if they find that there is probable cause to do so. Perjury consists of lying about a material matter under ...


3

No. The federal perjury statute applies only when there has been an oath taken to assert that the false statement was true, or the false statement was otherwise submitted under penalty of perjury. There is another statute concerning false statements generally, but it is also limited in such a way that it would not apply to the state of the union speech.


3

TL;DR: You may have chances. Consult a German lawyer fast. In German civil cases there is the possibillity of "Reopening of proceedings" (Wiederaufnahme des Verfahrens), §§ 578 ff. ZPO. It can be used in special cases of incorrect proceedings. You have an "Action for retrial of the case" (Restitutionsklage), if "in a testimony or report on which the ...


2

While the label on 18 USC 1014 might suggest that you only get in trouble for lying on a loan application, the language of the statute includes "Whoever knowingly makes any false statement …for the purpose of influencing in any way the action of…any institution the accounts of which are insured by the Federal Deposit Insurance Corporation…shall be fined not ...


2

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 replacement for swearing an oath if you don't want to (e.g. because you don't believe in God) https://www.law.cornell.edu/uscode/text/28/1746


2

To address an earlier answer that has since been deleted (together with my disagreement comment)... Some people suggested that "I do not recall" is an example of Taking the Fifth. But we respectfully disagree. In the "I do not recall" statement, one is alleging that one has no recollection of a certain event or facts, which is clearly incriminating in ...


2

First, no one can tell you what is "generally taught" in the thousands of law schools across hundreds of jurisdictions. Second, dishonesty is defined by the OED as "deceitfulness shown in someone's character or behaviour" and deceit is defined as "the action or practice of deceiving someone by concealing or misrepresenting the truth". "Someone" can be the ...


2

Counter notices are described in 17 USC 512(g)(3). It starts with the requirement for "A physical or electronic signature of the subscriber" (and a statement under penalty of perjury...). Supposing that you can't get anywhere with finding the contributor even via a subpoena, then you're stopped there: you can't swear on behalf of someone else. Paragraph (f)...


2

Canada has inherited the English common law, which allows you to sue for damages if a tort has been committed. I will focus on that, without considering the various other legal consequences of a wrongful prosecution (eg. criminal perjury charges, disciplinary action against police or prosecutors, ex gratia payments, or statutory remedies in Canadian ...


2

In Canada, could you sue that person? No. Perjury is a crime but unlike most crimes there is no corresponding civil tort under which you can seek damages. the police failed to uncover inconsistencies that would have impugned the credibility of that witness This is not the job of the police. A criminal trial is conducted between the prosecution (...


2

Hmm... your question is confusing, but there are a few misunderstandings I'd like to first address: You can't sue over criminal matters You can only sue for damages generally. If you got hurt due to the action of someone else, then you can sue them for damages. Example: a dog owner let's his dog free in a park without a leash, and the dog knocks you over, ...


2

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, the prosecuting authorities would need evidence that the officer knew the testimony was wrong when he gave it. You do not indicate the jurisdiction, so nobody ...


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