Fact of the Day

Lying and Perjury

Perjury is willful, knowing, and corrupt giving under oath of false testimony regarded as material to the issue or point of inquiry. All elements of the crime are essential for conviction. Criminal intent is required; a person who makes a false statement and then later corrects himself has not committed perjury. The testimony must be material to the issue of inquiry, since perjury on a point not material can be no more than a misdemeanor and may not be punished at all. The giving of false testimony under oath distinguishes perjury from criminal contempt. The latter is an obstruction of the administration of justice, usually in violation of an order of the court. Some perjuries that have the effect of obstructing the adjudication of a case may be given increased punishment for that reason. Generally, however, punishment is directed less against the effect of the perjury than against the disregard of the oath itself. Thus, a man who perjures himself numerous times during the ad judication of one case may be convicted of only a single perjury, though his punishment may be increased. One who knows of another's perjury and does not make his information known to authorities may be convicted of a separate offense of subornation of perjury. This offense covers anyone who is implicated in the perjury.

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