In the court room, juries and judges base their decisions off of evidence and witness testimonies. Statements that are given under oath in the courtroom are presumed to be truthful. If a witness purposefully lies on the witness stand, this is considered perjury. Likewise, when a person submits faulty documents to the court as evidence in a criminal case, this is perjury.
There is a difference between lying and making a mistake in court. For example, if a woman is a witness in a case and claims that she saw her friend get raped in her boyfriend's car, she may be telling the story in good faith. As the investigation continues, the prosecution may discover that the alleged victim entered the car on a consensual basis, and then falsely accused her boyfriend of date rape. In these cases, the witness would not be guilty of perjury. This is because she never meant to mislead the court. Instead, she made a statement that she firmly believed to be true.
In truth, the court cannot always tell when a witness is lying in court. Despite the fact that each witness is under oath, he or she may lie in defense of the defendant. This is especially true if the defendant is a friend or family member. Unfortunately, the court cannot always tell if the witnesses are lying. The judge can only charge an individual with perjury if it is blatant that that person was lying.
For example, Sarah is called to the witness stand. She was present at the time of a hit-and-run accident in her community. When under oath, Sarah is asked if she saw the driver flee the scene of the crime after the crash. While she did see the man leave the scene of the crime, she blatantly states that she did not. When asked if she knows the license plate number of the car, she says no again.
Yet earlier that day, Sarah told others that she saw the hit-and-run and knows the defendant's license plate number. Sarah discovered that the driver was an old friend from college. She also happens to know that the driver was drunk at the time of the hit-and-run. Rather than help the prosecution with their investigation, Sarah lies under oath to protect her friend. If the prosecution discovers this, she can be charged with perjury.
Perjury is defined as knowingly making misleading or false statements under oath. It is also illegal to sign a legal document that you are aware is false or misleading. The crime is taken very seriously. This is because the American court system is founded on trust and credibility. If perjury is not dealt with harshly, witnesses may become untruthful and the justice system could crumble. Those who commit perjury have the power to change someone's life drastically through their words.
Perjury is called a "crime against justice." It is listed in a category with the crime of criminal contempt of court, probation violation, and tampering with evidence. There are a number of ways in which you could perjure yourself. Omitting important information from a tax return is considered perjury. Perjury does not just include witnesses and criminal courts. For example, Corey is filing an affidavit for child support in a family court. If he understates his income by $4,000, then this is considered perjury, because he lied on a court document. He can be tried and convicted.
As well, it is considered perjury if a witness claims vouches for a defendant dishonestly in court. For example, Mollie is on trial for grand theft auto. At the time of the crime, she claims that she was having lunch at Samantha's house. Samantha is called to the witness stand in court. When questioned if Mollie was at her home at the time of the crime, she says yes. Later, phone records prove that Mollie did steal the car and was not at Samantha's house at the time.
If you have been arrested for perjury, hire a criminal defense attorney to represent you in court. With the right attorney on your side, you may be able to avoid serious penalties. Call a local criminal defense firm today!
