Perjury in United States
Perjury Definition
Perjury at common law is the willful and corrupt taking of a false oath in a judicial proceeding in regard to a matter material to the issues. 1 Hawk, P. C. c. 69, § 1; 4 Bl. Comm. 153. It is extended by statute in most jurisdictions to false swearing in certain proceedings not judicial. To constitute the offense, (1) the testimony must be false, or believed to be false, or the witness must not know whether it be true or false (42 Vt. 152; 17 N. H. 373) ; (2) the taking of the false oath must be both willful and corrupt; (3) the matter sworn to must be material to the issue or question in controversy (12 Mass. 273; 54 Vt. 146); (4) some form of oath or its equivalent must have been duly administered by an authorized officer (86 N. Y. 154; 107 U. S. 671; 76 N. Y. 220) ; (5) the oath itself, as well as the facts sworn to, must have been material (45 Mich. 543; 17 Ohio, 365); (6) to constitute perjury in a judicial proceeding, the court or tribunal must have jurisdiction (49 Me. 412; 8 Pick. [Mass.] 453; 96 Ky. 407).
Perjury in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Perjury | Perjury in the World Legal Encyclopedia. |
| Perjury | Perjury in the European Legal Encyclopedia. |
| Perjury | Perjury in the Asian Legal Encyclopedia. |
| Perjury | Perjury in the UK Legal Encyclopedia. |
| Perjury | Perjury in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Perjury
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| Perjury | Perjury in the Family Law Portal of the American Encyclopedia of Law. |
| Perjury | Perjury in the IP Portal of the American Encyclopedia of Law. |
| Perjury | Perjury in the Commercial Law Portal of the American Encyclopedia of Law. |
| Perjury | Perjury in the Criminal Law Portal of the American Encyclopedia of Law. |
| Perjury | Perjury in the Antritrust Portal of the American Encyclopedia of Law. |
| Perjury | Perjury in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Perjury | Perjury in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Perjury | Perjury in the Tax Law Portal of the American Encyclopedia of Law. |
| Perjury | Perjury in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Perjury | Perjury in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Perjury | Perjury in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Perjury | Perjury in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Perjury in the Dictionaries | Perjury in our legal dictionaries |
| http://lawi.us/perjury | The URI of Perjury (more about URIs) |
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Legal Issue for Attorneys
Perjury at common law is the willful and corrupt taking of a false oath in a judicial proceeding in regard to a matter material to the issues. 1 Hawk, P. C. c. 69, § 1; 4 Bl. Comm. 153. It is extended by statute in most jurisdictions to false swearing in certain proceedings not judicial. To constitute the offense, (1) the testimony must be false, or believed to be false, or the witness must not know whether it be true or false (42 Vt. 152; 17 N. H. 373) ; (2) the taking of the false oath must be both willful and corrupt; (3) the matter sworn to must be material to the issue or question in controversy (12 Mass. 273; 54 Vt. 146); (4) some form of oath or its equivalent must have been duly administered by an authorized officer (86 N. Y. 154; 107 U. S. 671; 76 N. Y. 220) ; (5) the oath itself, as well as the facts sworn to, must have been material (45 Mich. 543; 17 Ohio, 365); (6) to constitute perjury in a judicial proceeding, the court or tribunal must have jurisdiction (49 Me. 412; 8 Pick. [Mass.] 453; 96 Ky. 407).
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Notice
This definition of Perjury Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
The act of deliberately making a false statement under oath. Punishment for perjury, by fine or imprisonment, is provided for by federal and state statutes. Willful inducement of another to commit perjury is called subornation of perjury and is punishable by law.
What is Perjury?
For a meaning of it, read Perjury in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Perjury.
Declaration under Penalty of Perjury in Immigration Law
In this area of law, Declaration under Penalty of Perjury means: A statement by a person, in which the person states that the information is true, to support his or her request or application. For example, a declaration may list the facts and then state: “I declare under penalty of perjury (under the laws of the United States of America) that the foregoing is true and correct.” This statement should be followed by the date, signature, and printed name of the person signing.
Perjury
In Legislation
Perjury in the U.S. Code: Title 18, Part I, Chapter 79
The current, permanent, in-force federal laws regulating perjury are compiled in the United States Code under Title 18, Part I, Chapter 79. It constitutes “prima facie” evidence of statutes relating to Crimes and Criminal Law (including perjury) of the United States. The readers can further narrow their legal research on the topic by chapter and subchapter.
Resources
See Also
Counsel: Role of Counsel; Jury: Legal Aspects; Obstruction of Justice.
Further Reading (Books)
American Law Institute. Model Penal Code and Commentaries: Official Draft and Revised Comments, part 2, article 241. Philadelphia: ALI, 1980.
Blackstone, William. Commentaries on the Laws of England, vol. 4. Oxford, U.K.: Clarendon Press, 1769. Reprint, New York: Oceana,1966.
Fitzpatrick, Bridget, and Torraco, John. “False Statements.” American Criminal Law Review 36 (Summer 1999): 607_627.
Gordon, Michael D. “The Invention of a Common Law Crime: Perjury and the Elizabethan Courts.” The American Journal of Legal History 24 (1980): 145_170.
Holdsworth, William. A History of English Law, vol. 4. 3d ed. London: Methuen, 1977.
Kislak, Rebecca, and Donoghue, John J. “Perjury.” American Criminal Law Review 36 (1999): 957_982.
Nesland, James, and Godward, Cooley. “Perjury and False Declarations.” In Otto G. Obermaier and Robert G. Morvillo, eds., White Collar Crime: Business and Regulatory Offenses. New York: Law Journal Seminars-Press, 1990. Pages 10_1 to 10_81.
Perk
ins, Rollin M., and Boyce, Ronald N. Criminal Law, 3d ed. Mineola, N.Y.: Foundation Press, 1982.
Further Reading (Articles)
Perjury, American Criminal Law Review; July 1, 2001; Dunlap, Andrew Riggs Herzog, David M
Perjury: A Tough Case to Make; Though a Central Issue in Starr’s Impeachment Referral, Lying Is Seldom Prosecuted, The Washington Post; September 24, 1998; Roberto Suro Bill Miller
Perjury Prosecution Up in D.C.; Defense Lawyers Wary of Motives, The Washington Post; September 20, 2004; Henri E. Cauvin
PERJURY A DIFFICULT CRIME TO PROVE, The Buffalo News (Buffalo, NY); September 26, 1998; KEN ARMSTRONG
Debunking the Perjury-Trap Myth*, Texas Law Review; March 1, 2010; McLain, Billy Joe
HOW SERIOUS IS PERJURY? LOOK AT ITS OFFICIAL RANKING.(Editorial), Rocky Mountain News (Denver, CO); August 18, 1998
ROGAN CITES STATISTICS ON PERJURY.(NEWS)(Statistical Data Included), Daily News (Los Angeles, CA); December 19, 1998
Paying the Price for Civil Perjury; Prosecution May Be Unusual, but It Can Mean Prison, The Washington Post; March 3, 1998; Ruth Marcus
Witnesses are rarely charged with perjury, Chicago Sun-Times; September 18, 1998; MICHAEL GILLIS
Lies under Oath Don’t Always Equal Perjury, Daily Herald (Arlington Heights, IL); December 14, 1998; Doubek, Madeleine
The ‘haphazard state’ of perjury law ; It is difficult to prosecute for perjury in Ireland because there is no prohibition on perjury on the statute books, writes Carol Coulter, Legal Affairs Correspondent, The Irish Times; April 26, 2003
THE PRICE OF PERJURY IN DENVER.(Editorial), Rocky Mountain News (Denver, CO); November 30, 1998
Rapist’s Perjury Case Dismissed, The Columbian (Vancouver, WA); January 28, 2014; Achen, Paris
PERJURY CHARGES COMMON IN RETRIALS, The Roanoke Times (Roanoke, VA); January 25, 2004; Jen McCaffery jen.mccaffery@roanoke.com 981-3336
PERJURY, American Criminal Law Review; April 1, 2007; Davis, Danielle L
The truth about perjury, The Boston Globe (Boston, MA); September 15, 1998; Thomas Oliphant, Globe Staff
House Hearing on Perjury, NPR Morning Edition; December 2, 1998; Barbara Bradley, Bob Edwards
Perjury Count Versus Charity Dismissed; U.S. Will File New Charges Based on Muslim Group’s Denial of Terror Link, The Washington Post; September 14, 2002; John Mintz
Police Officer Perjury Not Rare, Observers Say; Indictment May Be a First in Pr. George’s, The Washington Post; February 17, 1999; Ruben Castaneda
Clinton’s Perjury Is Proven by Intent, Some Experts Say, The Washington Times (Washington, DC); September 15, 1998; Sammon, Bill
Perjury in State Statute Topics
Introduction to Perjury (State statute topic)
The purpose of Perjury is to provide a broad appreciation of the Perjury legal topic. Select from the list of U.S. legal topics for information (other than Perjury).
Declaration under Penalty of Perjury in Immigration Law
In this area of law, Declaration under Penalty of Perjury means: A statement by a person, in which the person states that the information is true, to support his or her request or application. For example, a declaration may list the facts and then state: “I declare under penalty of perjury (under the laws of the United States of America) that the foregoing is true and correct.” This statement should be followed by the date, signature, and printed name of the person signing.
Resources
Further Reading
- Information about Perjury in the Gale Encyclopedia of American Law.
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