Perjury: Two Types With Different Aspects

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Table of Contents

Introduction
Discussion
Conclusion
References

Introduction

There are many various charges that happen due to a false statement provided under an oath. Perjury is divided into two types with many different aspects. The first type of offense features statements given under oath and it needs to be verified that the person made a false statement, was aware of it, and the topic of the statement was crucial to the proceeding in which it was stated (Justia, 2021). The second type of perjury features unsworn statements, and multiple moments that need to be proven. First, that the statement was provided under the penalty of this offense, one made a statement they found false and the topic of the statement was material.

Discussion

Some of the issues that are featured in perjury persecutions are whether the oath regarding the sincerity and validity of the statement. Another important aspect is the materiality of the false statement. Materiality refers to things that could influence the direction or outcome of the proceeding. Besides that, a witness may give answers that can be true, while being unresponsive and evasive as well (Department of Justice, 2020). Unfortunately, such answers are not a violation, as the lawyer is responsible for identifying evasion and making the witness tell the truth.

The perjury of inconsistent statements is identified by at least one statement being false in the process of the person making them under oath on two different occasions. For example, one could say that they saw the defendant driving a car, and then them saying that they did not have one. Subornation of perjury is defined as encouraging or forcing someone to commit this offense. For example, a lawyer is talking to a witness who tells the former that their client was driving while intoxicated, leading to the accident. Said lawyer then requested the witness to protect the client by saying that the person was crossing a red light.

Conclusion

Some defenses to perjury include verifying that the false statement was not important to the case, that it was not untrue, and that it was not made under oath (BK Law Group, 2022). Some of these defenses may be unavailable due to the specific features of the case, making the matter more complicated.

References

BK Law Group. (2022). Bloomington perjury lawyer. Web.

Department of Justice. (2020). 1753. Perjury cases — Special problems and defenses — Evasive and unresponsive answers. Department of Justice | United States Department of Justice. Web.

Justia. (2021). Perjury. Web.

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Perjury: Two Types With Different Aspects

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