What is Perjury?

language humanities

In legal terms, perjury is defined as willfully giving incomplete, misleading, or simply false testimony while under oath. It is usually used to refer to a court trial. Some legal documents are signed “under penalty of perjury,” meaning that if someone lies about anything on that form, he or she could face perjury charges. Perjury charges are rarely prosecuted, but if they are and the person is convicted, he or she can face a significant fine as well as jail time.

When perjury is committed, it can represent a serious abridgment of the legal process. When someone testifies in court, the judge and jury are led to believe that the testimony is truthful and reliable. If a witness deliberately chooses to lie on the stand, twisting the testimony in one way or another, the trial is no longer fair. If it is not caught, false testimony may result in wrongful conviction or release.

In order to be considered perjury, testimony must satisfy two conditions. The first is that the lie committed must be deliberate, rather than accidental or unknowing. If the witness believes that he or she is telling the truth, the testimony is not perjury, although it may be confusing. The second condition is that the testimony must be material to the trial, having a direct impact on the outcome. If the witness lies about something which is not material, this is frowned upon, but it is not perjury.

It is also possible to correct perjury while on the stand. A witness may choose to recant false testimony before he or she steps down. The witness may be charged with contempt of court or similar crimes so that he or she can be punished for wasting the time of the court, but he or she cannot be charged with perjury. Someone can also be charged with subornation of perjury, should she or he choose to incite someone else to commit perjury.

Many justice systems operate on the simple basis that people in court are bound to tell the truth about the events in question. People who do not testify truthfully put their legal systems at risk by flaunting common decency and the law. Because the crime is so serious, accusations of perjury are taken very seriously by judges and legal professionals. A single case of perjury in a trial can cause the whole trial to be thrown out. American witnesses who feel that they cannot testify about something in particular may always choose to plead the Fifth Amendment, if they feel that the testimony may be self-incriminating.

Related wiseGEEK articles

Category

wiseGEEK features

Subscribe to wiseGEEK


10
My father faced perjury charges during a case about his taxes. Perjury turns out to be a very serious charge.
- anon53244
9
what will happen to a person who was found lying after she filed a criminal case of rape against her father but the real score is the father didn't do it but the mother and the daughter just did that to get the father to jail and they get all the property.
- anon41420
7
What happens if it is found a person commits perjury after case is ruled on?
- anon39825
6
If you have charges against you and are finally getting your life straight, but find out you might have a child from somebody from 2 yrs ago that you didn't know about.

Is it better to admit it may be yours (even with the consequences) or to lie and hope its not yours bc you are in a stable relationship with another person.

- snip3r3lit3
5
My wife and I filed a complaint for damages as a result of my wife not getting lunch breaks or rest breaks for 9 months which was the length of her employment before she was Wrongfully Terminated. The Labor Board ruled against my wife based on a fabricated document that had my wife's name forged to it by her former boss. Also, this person produced a copy of a 400.00 check and testified it was a vacation check given to my wife when in fact i was a loan that was paid back in cash a month later. This perjury in the form of her testimony and the fabricated document were major factors in the decision going against my wife. How do I go about prosecuting this person for her perjury and fraudulent document.
- Willlyjo
3
I know someone who came to the US from other country as a brother and sister. The guy came with the wife's family and acted as a family member but he is really the groom of that house. I mean married with one of the girls in that family.

My question is even now the girl is a US citizen and she lives with her husband but on the INS paper her husband is her brother. If the INS find out, would any charges come to her or her family or him?

- anon17116
2
Smoochie - In order for something to be considered perjury, the lie must be about something *important* to a subject at hand. A lie about an address may or may not be considered important or big enough to warrant prosecution. Still, if you are interested in pursuing this you should contact the court or some attorneys to get some professional advice.
- averagejoe
1
I recently went through a child visitation/custody court hearing. Before the hearing, I found out that the father lied on his summons about his current residence. He listed a residence he has not lived at for over a year. The judge forced him to give me his new address, but I was unable to tell the judge that he lied on his summons as he was in a hurry to move to the next case. We also went to child support court last year and he lied on their docs too. I have an abundance of evidence. How may I get him prosecuted?
- smoochie

FREE: Subscribe to wiseGEEK

 
    learn more

our strict privacy policy ensures that your email address will be safe



Written by S.E. Smith
Last Modified: 19 November 2009

copyright © 2003 - 2009
conjecture corporation