Difference between revisions of "Perjury" - New World Encyclopedia
From New World Encyclopedia
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[[Category:Law]] | [[Category:Law]] | ||
| − | '''Perjury''' is the act of lying or making verifiably false statements on a | + | '''Perjury''' is the act of lying or making verifiably false statements on a material matter under [[oath]] or [[affirmation]] in a [[court]] of [[law]] or in any of various sworn statements in writing. Perjury is a [[crime]] because the [[witness]] has sworn to tell the [[truth]] and, for the credibility of the court, witness [[testimony]] must be relied on as being truthful. |
==Definition== | ==Definition== | ||
| − | Perjury is the giving of false testimony under oath. The word comes from the Middle English ''periurie,'' which in turn comes from the Latin ''peririum''.<ref>[http://www.yourdictionary.com/ahd/p/p0198200.html Perjury] Your Dictionary. Retrieved May 30, 2007.</ref> The Latin means betrayal of law. To be considered perjury, the false testimony must be relevant to the case. Perjury also does not necessarily occur if two witnesses give contradicting accounts of an event as people's memories can differ.<ref>[http://criminal-law.freeadvice.com/white_collar_crimes/perjury.htm Perjury] Free Advice. Retrieved May 30, 2007.</ref> | + | '''Perjury''' is the giving of false [[testimony]] under [[oath]]. The word comes from the [[Middle English]] ''periurie,'' which in turn comes from the [[Latin]] ''peririum''.<ref>[http://www.yourdictionary.com/ahd/p/p0198200.html Perjury] Your Dictionary. Retrieved May 30, 2007.</ref> The Latin means betrayal of [[law]]. To be considered perjury, the false testimony must be relevant to the case. Perjury also does not necessarily occur if two witnesses give contradicting accounts of an event as people's memories can differ.<ref>[http://criminal-law.freeadvice.com/white_collar_crimes/perjury.htm Perjury] Free Advice. Retrieved May 30, 2007.</ref> |
In a non-legal sense, perjury can also be the breach of a promise. | In a non-legal sense, perjury can also be the breach of a promise. | ||
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Perjury can have serious ramifications in the legal world. Though varying between legal systems, those convicted of perjury often face stiff penalties. Despite its potentially large impact, the number of prosecutions for perjury is small. | Perjury can have serious ramifications in the legal world. Though varying between legal systems, those convicted of perjury often face stiff penalties. Despite its potentially large impact, the number of prosecutions for perjury is small. | ||
| − | Perjury is considered a very serious crime as it could be used to usurp the power of the courts, resulting in [[ | + | Perjury is considered a very serious [[crime]] as it could be used to usurp the power of the courts, resulting in miscarriages of [[justice]]. In the [[United States]], for example, the general perjury statute under Federal law provides for a [[prison]] sentence of up to five years, and is found at {{usc|18|1621}}, see also {{usc|28|1746}}. |
| − | The rules for perjury also apply to witnesses who have | + | The rules for perjury also apply to witnesses who have "affirmed" they are telling the [[truth]]. [[Affirmation]] is used by a witness who is unable to swear to tell the truth. For example, in the [[United Kingdom]] a witness may swear on the [[Bible]] or other holy book. If a witness has no [[religion]], or does not wish to swear on a holy book, the witness may make an affirmation he or she is telling the truth instead. |
| − | The rules for perjury also apply when a person has made a statement ''under penalty of perjury'', even if the person has not been sworn or affirmed as a witness before an appropriate official. An example of this is the United States' [[income tax]] return, which, by law, must be signed as true and correct under penalty of perjury (see {{usc|26|6065}}). Federal tax law provides criminal penalties of up to three years in prison for violation of the tax return perjury statute | + | The rules for perjury also apply when a person has made a statement ''under penalty of perjury'', even if the person has not been sworn or affirmed as a witness before an appropriate official. An example of this is the United States' [[income tax]] return, which, by law, must be signed as true and correct under penalty of perjury (see {{usc|26|6065}}). Federal tax law provides criminal penalties of up to three years in prison for violation of the tax return perjury statute (see {{usc|26|7206(1)}}). |
| − | Statements of interpretation of fact are not perjury because people often make inaccurate statements unwittingly and not deliberately. | + | Statements of interpretation of fact are not perjury because people often make inaccurate statements unwittingly and not deliberately. Individuals may have honest but mistaken beliefs about certain facts or their recollection may be inaccurate. Like most other crimes in the [[common law]] system, to be convicted of perjury you have to have had the intention (the ''[[mens rea]]'') to commit the act, and to have actually committed the act (the ''[[actus reus]]''). |
| − | In some countries such as [[France]], suspects cannot be heard under oath and thus do not commit perjury, whatever they say during their trial. | + | In some countries such as [[France]], suspects cannot be heard under oath and thus do not commit perjury, whatever they say during their [[trial]]. |
==Perjury and Society== | ==Perjury and Society== | ||
| − | The possibility of perjury represents a serious threat to most legal systems in the world because of their foundation in the testimony of witnesses. Should this witness testimony be baseless, then civil and criminal decisions lose validity. | + | The possibility of perjury represents a serious threat to most legal systems in the world because of their foundation in the [[testimony]] of witnesses. Should this witness testimony be baseless, then civil and criminal decisions lose validity. [[Lawyer]]s may be faced with the dilemma of a client whose testimony is not entirely truthful—should they protect their client or the legal system? In order to protect [[society]], under such circumstances has an obligation to the courts and the legal system that is superior to that owed their client, and thus they should disclose perjury to the courts. The integrity of the legal system and the legal profession thus depends on the honesty of lawyers in maintaining truthful testimony.<ref> Pope and Kim (1997)</ref> |
==Perjury and Religion== | ==Perjury and Religion== | ||
| − | Dishonesty is considered a [[sin]] in the major [[religion|religious]] traditions, making perjury a crime in the eyes of religion as well as in the eyes of the law. For example, | + | Dishonesty is considered a [[sin]] in the major [[religion|religious]] traditions, making perjury a [[crime]] in the eyes of religion as well as in the eyes of the law. For example, |
*[[Buddhism]]: A liar lies to himself as well as to the gods. Lying is the origin of all evils; it leads to rebirth in the miserable planes of existence, to breach of the pure precepts, and to corruption of the body. (Maharatnakuta Sutra 27, Bodhisattva Surata's Discourse) | *[[Buddhism]]: A liar lies to himself as well as to the gods. Lying is the origin of all evils; it leads to rebirth in the miserable planes of existence, to breach of the pure precepts, and to corruption of the body. (Maharatnakuta Sutra 27, Bodhisattva Surata's Discourse) | ||
*[[Islam]]: O you who believe, wherefore do you say what you do not? Very hateful is it to God, that you say what you do not. (Qur'an 61.2-3) | *[[Islam]]: O you who believe, wherefore do you say what you do not? Very hateful is it to God, that you say what you do not. (Qur'an 61.2-3) | ||
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*[[Sikhism]]: Dishonesty in business or the uttering of lies causes inner sorrow. (Adi Granth, Maru Solahe, M.3, p. 1062) | *[[Sikhism]]: Dishonesty in business or the uttering of lies causes inner sorrow. (Adi Granth, Maru Solahe, M.3, p. 1062) | ||
| − | Some view perjury as particularly wicked because of the oath to God taken by those in a courtroom, the violation of which shows a disregard for faith unacceptable to the devout.<ref>[http://www.newadvent.org/cathen/11696a.htm Perjury] ''Catholic Encyclopedia''. Retrieved May 30, 2007.</ref> | + | Some view perjury as particularly wicked because of the [[oath]] to [[God]] taken by those in a courtroom, the violation of which shows a disregard for [[faith]] unacceptable to the devout.<ref>[http://www.newadvent.org/cathen/11696a.htm Perjury] ''Catholic Encyclopedia''. Retrieved May 30, 2007.</ref> |
==Famous Examples of Perjury== | ==Famous Examples of Perjury== | ||
Famous persons who have been accused and convicted of perjury include: | Famous persons who have been accused and convicted of perjury include: | ||
| − | *[[Jonathan Aitken]], [[United Kingdom|British]] [[politician]], who was a member of [[John Major]]'s cabinet, sentenced to 18 months imprisonment for perjury | + | *[[Jonathan Aitken]], [[United Kingdom|British]] [[politics|politician]], who was a member of [[John Major]]'s cabinet, sentenced to 18 months imprisonment for perjury |
| − | *[[Jeffrey Archer]], [[United Kingdom|British]] [[ | + | *[[Jeffrey Archer]], [[United Kingdom|British]] [[novel]]ist and politician, sentenced to four years imprisonment for perjury |
| − | *[[Alger Hiss]], alleged [[Soviet Union|Soviet]] spy who worked for the [[United States Department of State]], sentenced to | + | *[[Alger Hiss]], alleged [[Soviet Union|Soviet]] [[spy]] who worked for the [[United States Department of State]], sentenced to five years imprisonment for perjury and served 44 months. |
| − | *[[Lil' Kim]], [[United States|American]] [[Rapper]]. | + | *[[Lil' Kim]], [[United States|American]] [[Rapping|Rapper]]. |
| − | *[[ | + | *Dr. [[Cecil Jacobson]], [[United States|American]] [[fertility]] [[physician|doctor]]. |
*[[Chris Webber]], [[NBA]] Rookie of the Year (1994), All-Star and former [[University of Michigan]] [[Wolverine]], who admitted he received gifts and cash from a booster. | *[[Chris Webber]], [[NBA]] Rookie of the Year (1994), All-Star and former [[University of Michigan]] [[Wolverine]], who admitted he received gifts and cash from a booster. | ||
| − | *[[Lewis Libby]], former advisor to [[Dick Cheney]] and a part of [[George W. Bush]] [[George W. Bush | + | *[[Lewis Libby]], former advisor to [[Dick Cheney]] and a part of [[George W. Bush]] [[George W. Bush]].<ref>[http://www.foxnews.com/story/0,2933,278052,00.html Former Cheney Aide I. Lewis 'Scooter' Libby Gets 30 Months in Prison] Fox News. Retrieved June 9, 2007.</ref> |
Famous individuals who have been accused of perjury include: | Famous individuals who have been accused of perjury include: | ||
| − | *Former [[President of the United States|U.S. President]] [[Bill Clinton]] was accused of perjury—and as a result was fined for contempt of court, agreed to be disbarred, and was impeached by the [[House of Representatives]] on December 19, 1998. The [[United States Senate|Senate]] rejected the perjury with 55 not-guilty votes and 45 guilty votes. | + | *Former [[President of the United States|U.S. President]] [[Bill Clinton]] was accused of perjury—and as a result was fined for contempt of court, agreed to be disbarred, and was impeached by the [[House of Representatives]] on December 19, 1998. The [[United States Senate|Senate]] rejected the perjury with 55 not-guilty votes and 45 guilty votes. No criminal charges were ever brought.<ref>[http://www.cnn.com/ALLPOLITICS/stories/1999/04/12/clinton.contempt/ Clinton found in civil contempt for Jones testimony] CNN. Retrieved May 30, 2007.</ref><ref>[http://www.nysun.com/article/25965 Clinton Eligible, Once Again, To Practice Law] New York Sun. Retrieved May 30, 2007.</ref> |
*Former Houston Police Chief C.O. Bradford - was indicted by Harris County District Attorney Chuck Rosenthal for alleged [[Profanity|swearing]] at fellow Houston Police officers; perjury charge was dismissed due to the lack of evidence and/or fabricated charges. | *Former Houston Police Chief C.O. Bradford - was indicted by Harris County District Attorney Chuck Rosenthal for alleged [[Profanity|swearing]] at fellow Houston Police officers; perjury charge was dismissed due to the lack of evidence and/or fabricated charges. | ||
| − | *[[Rafael Palmeiro]] faced perjury charges (but was never charged) for possible false testimony in front of [[Congress of the United States|Congress]] regarding steroid use in [[professional baseball]]. | + | *[[Rafael Palmeiro]] faced perjury charges (but was never charged) for possible false testimony in front of [[Congress of the United States|Congress]] regarding [[steroid]] use in [[professional baseball]]. |
| − | *[[Barry Bonds]], | + | *[[Barry Bonds]], American [[baseball]] player, has been accused of perjury in regards to his possible use of steroids. |
| − | * In the trial of [[Saddam Hussein]]'s half-brother and former | + | * In the trial of [[Saddam Hussein]]'s half-brother and former [[Iraq]]i [[military intelligence|intelligence]] chief Barzan al-Tikriti, the defense team accused [[prosecution]] witnesses of perjury.<ref>[http://news.bbc.co.uk/2/hi/middle_east/5033278.stm Saddam defendant ejected by judge] BBC. Retrieved June 9, 2007.</ref> |
| − | * Former Philippines President Joseph Estrada was accused of perjury for making false statements about his assets while in office.<ref>[http://news.bbc.co.uk/2/hi/asia-pacific/1469777.stm Estrada in court on perjury charge] BBC. Retrieved June 9, 2007.</ref> | + | * Former [[Philippines]] President [[Joseph Estrada]] was accused of perjury for making false statements about his assets while in office.<ref>[http://news.bbc.co.uk/2/hi/asia-pacific/1469777.stm Estrada in court on perjury charge] BBC. Retrieved June 9, 2007.</ref> |
==Notes== | ==Notes== | ||
Revision as of 00:43, 23 June 2007
Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. Perjury is a crime because the witness has sworn to tell the truth and, for the credibility of the court, witness testimony must be relied on as being truthful.
Definition
Perjury is the giving of false testimony under oath. The word comes from the Middle English periurie, which in turn comes from the Latin peririum.[1] The Latin means betrayal of law. To be considered perjury, the false testimony must be relevant to the case. Perjury also does not necessarily occur if two witnesses give contradicting accounts of an event as people's memories can differ.[2]
In a non-legal sense, perjury can also be the breach of a promise.
Legal Aspects
Perjury can have serious ramifications in the legal world. Though varying between legal systems, those convicted of perjury often face stiff penalties. Despite its potentially large impact, the number of prosecutions for perjury is small.
Perjury is considered a very serious crime as it could be used to usurp the power of the courts, resulting in miscarriages of justice. In the United States, for example, the general perjury statute under Federal law provides for a prison sentence of up to five years, and is found at , see also .
The rules for perjury also apply to witnesses who have "affirmed" they are telling the truth. Affirmation is used by a witness who is unable to swear to tell the truth. For example, in the United Kingdom a witness may swear on the Bible or other holy book. If a witness has no religion, or does not wish to swear on a holy book, the witness may make an affirmation he or she is telling the truth instead.
The rules for perjury also apply when a person has made a statement under penalty of perjury, even if the person has not been sworn or affirmed as a witness before an appropriate official. An example of this is the United States' income tax return, which, by law, must be signed as true and correct under penalty of perjury (see ). Federal tax law provides criminal penalties of up to three years in prison for violation of the tax return perjury statute (see ).
Statements of interpretation of fact are not perjury because people often make inaccurate statements unwittingly and not deliberately. Individuals may have honest but mistaken beliefs about certain facts or their recollection may be inaccurate. Like most other crimes in the common law system, to be convicted of perjury you have to have had the intention (the mens rea) to commit the act, and to have actually committed the act (the actus reus).
In some countries such as France, suspects cannot be heard under oath and thus do not commit perjury, whatever they say during their trial.
Perjury and Society
The possibility of perjury represents a serious threat to most legal systems in the world because of their foundation in the testimony of witnesses. Should this witness testimony be baseless, then civil and criminal decisions lose validity. Lawyers may be faced with the dilemma of a client whose testimony is not entirely truthful—should they protect their client or the legal system? In order to protect society, under such circumstances has an obligation to the courts and the legal system that is superior to that owed their client, and thus they should disclose perjury to the courts. The integrity of the legal system and the legal profession thus depends on the honesty of lawyers in maintaining truthful testimony.[3]
Perjury and Religion
Dishonesty is considered a sin in the major religious traditions, making perjury a crime in the eyes of religion as well as in the eyes of the law. For example,
- Buddhism: A liar lies to himself as well as to the gods. Lying is the origin of all evils; it leads to rebirth in the miserable planes of existence, to breach of the pure precepts, and to corruption of the body. (Maharatnakuta Sutra 27, Bodhisattva Surata's Discourse)
- Islam: O you who believe, wherefore do you say what you do not? Very hateful is it to God, that you say what you do not. (Qur'an 61.2-3)
- Judaism and Christianity: Lying lips are an abomination to the Lord (Proverbs 12.22)
- Sikhism: Dishonesty in business or the uttering of lies causes inner sorrow. (Adi Granth, Maru Solahe, M.3, p. 1062)
Some view perjury as particularly wicked because of the oath to God taken by those in a courtroom, the violation of which shows a disregard for faith unacceptable to the devout.[4]
Famous Examples of Perjury
Famous persons who have been accused and convicted of perjury include:
- Jonathan Aitken, British politician, who was a member of John Major's cabinet, sentenced to 18 months imprisonment for perjury
- Jeffrey Archer, British novelist and politician, sentenced to four years imprisonment for perjury
- Alger Hiss, alleged Soviet spy who worked for the United States Department of State, sentenced to five years imprisonment for perjury and served 44 months.
- Lil' Kim, American Rapper.
- Dr. Cecil Jacobson, American fertility doctor.
- Chris Webber, NBA Rookie of the Year (1994), All-Star and former University of Michigan Wolverine, who admitted he received gifts and cash from a booster.
- Lewis Libby, former advisor to Dick Cheney and a part of George W. Bush George W. Bush.[5]
Famous individuals who have been accused of perjury include:
- Former U.S. President Bill Clinton was accused of perjury—and as a result was fined for contempt of court, agreed to be disbarred, and was impeached by the House of Representatives on December 19, 1998. The Senate rejected the perjury with 55 not-guilty votes and 45 guilty votes. No criminal charges were ever brought.[6][7]
- Former Houston Police Chief C.O. Bradford - was indicted by Harris County District Attorney Chuck Rosenthal for alleged swearing at fellow Houston Police officers; perjury charge was dismissed due to the lack of evidence and/or fabricated charges.
- Rafael Palmeiro faced perjury charges (but was never charged) for possible false testimony in front of Congress regarding steroid use in professional baseball.
- Barry Bonds, American baseball player, has been accused of perjury in regards to his possible use of steroids.
- In the trial of Saddam Hussein's half-brother and former Iraqi intelligence chief Barzan al-Tikriti, the defense team accused prosecution witnesses of perjury.[8]
- Former Philippines President Joseph Estrada was accused of perjury for making false statements about his assets while in office.[9]
Notes
- ↑ Perjury Your Dictionary. Retrieved May 30, 2007.
- ↑ Perjury Free Advice. Retrieved May 30, 2007.
- ↑ Pope and Kim (1997)
- ↑ Perjury Catholic Encyclopedia. Retrieved May 30, 2007.
- ↑ Former Cheney Aide I. Lewis 'Scooter' Libby Gets 30 Months in Prison Fox News. Retrieved June 9, 2007.
- ↑ Clinton found in civil contempt for Jones testimony CNN. Retrieved May 30, 2007.
- ↑ Clinton Eligible, Once Again, To Practice Law New York Sun. Retrieved May 30, 2007.
- ↑ Saddam defendant ejected by judge BBC. Retrieved June 9, 2007.
- ↑ Estrada in court on perjury charge BBC. Retrieved June 9, 2007.
ReferencesISBN links support NWE through referral fees
- Pope, Daniel J. and Stephanie J. Kim. 1997. "Client perjury: should a lawyer defend the system or the client?" in Defense Counsel Journal, 54, no. 6: 51-55.
- Stolberg, William H. and Kyle D. Pence. 1999. "A serious penalty for perjury" in Florida Bar Journal, 73, no. 2: 50.
- United States. 1998. The Consequences of Perjury and Related Crimes: Hearing Before the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress. United States Government Printing Office. ISBN 016057952X
- Weinstein, Allen. 1997. Perjury: The Hiss-Chambers Case. Random House. ISBN 067977338X
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