Kara Sears
Perjury, or forswearing, is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. Perjury is a felony in most states in the US and carries serious consequences, including prosecution, prison, and impeachment. The punishment for perjury has historically varied from death to banishment and has included grotesque penalties such as severing the tongue. The punishment for perjury under federal law is up to five years in prison and fines, while punishment under state law varies but typically carries a possible prison sentence of at least one year, plus fines and probation.
| Characteristics | Values |
|---|---|
| Definition | Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. |
| History | The Star Chamber declared perjury by a witness to be a punishable offence at common law in 1613. |
| Jurisdiction | Perjury operates in American law as an inherited principle of the common law of England. |
| Punishment | The punishment for perjury has varied from death to banishment and has included grotesque penalties such as severing the tongue. Under federal sentencing guidelines, the advisory sentencing range for a person with minimal or no prior criminal history starts at 15-21 months. Perjury is often a felony and can carry a prison sentence of at least one year, plus fines and probation. |
| Defences | An individual can admit to making a perjurious statement and recant the statement during the same proceeding, which is a form of defence not found in British Common Law. |
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What You'll Learn
Perjury is a felony under federal law
Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. It is a serious offence as it can derail the basic goal of the justice system: discovering the truth.
The elements of perjury are:
- That the declarant took an oath to testify truthfully.
- That they willfully made a false statement contrary to that oath.
- That the declarant believed the statement to be untrue.
- That the statement related to a material fact.
A person convicted of perjury under federal law may face up to five years in prison and fines. The punishment for perjury under state law varies from state to state but is typically a felony. Felonies carry a possible prison sentence of at least one year, plus fines and probation.
Perjury operates in American law as an inherited principle of the common law of England, which defined the act as the "willful and corrupt giving, upon a lawful oath, or in any form allowed by law to be substituted for an oath, in a judicial proceeding or course of justice, of a false testimony material to the issue or matter of inquiry".
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Perjury is a crime against justice
Perjury is a felony in most states and under federal law, carrying serious consequences. The punishment for perjury has varied historically, from death to banishment, and has included penalties such as severing the tongue. Today, perjury is typically punishable by imprisonment, fines, or both. The sentencing range for perjury under federal guidelines starts at 15-21 months for individuals with minimal or no criminal history. If the perjury substantially interferes with the administration of justice, the sentencing range increases.
To be convicted of perjury, an individual must have had the intention to commit the act (mens rea) and have actually committed it (actus reus). The prosecutor must prove that the defendant made a false statement under oath or affirmation and that they did so knowingly. Statements that are facts or honest mistakes without the intent to deceive do not constitute perjury.
Perjury statutes in many states specifically criminalize making false statements under oath or in certain types of documents. For example, a prosecutor may pursue perjury charges if an individual makes a false statement in a document signed "under penalty of perjury," such as a tax return or bankruptcy form.
Perjury undermines the basic goal of the justice system, which is to discover the truth. It challenges the authority of courts, grand juries, governing bodies, and public officials throughout the government and legal system.
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Perjury law defences
Perjury is a serious crime that is defined as making a false statement under oath knowingly or signing a legal document known to contain false statements. It is a felony in some states, such as California, and carries penalties of fines and imprisonment. Due to the seriousness of perjury charges, it is rarely charged, and it is challenging for prosecutors to prove.
- Proving the statement's truth: One of the most robust defences is proving that the "false statement" was, in fact, true. This is sometimes called an "absolute defence". For example, if someone is asked under oath if they have ever been convicted of a crime in California and they answer "no" but have been convicted in Nevada, the prosecutor may accuse them of misleading the court. However, since they answered the question truthfully, it would not be considered perjury, even if they intended to mislead.
- Lack of intent: To be convicted of perjury, it must be proven that the statement was made knowingly and with the intention to mislead. If it can be shown that the defendant did not intend to mislead or provide false information, they cannot be convicted of perjury.
- Perjury trap: In some cases, a defendant may argue that the prosecutor called them as a witness, expecting them to lie under oath and commit perjury. While challenging to prove, this may be a valid defence if it can be established that the prosecutor's sole purpose was to lure the witness into perjury.
- Recantation: In some jurisdictions, such as under Section 1623, a declarant has the right to recant previous false testimony. The recantation must occur in the same continuous court proceeding, and the false statement must not have substantially affected the proceeding. The declarant can then use their recantation to demonstrate a lack of intent to mislead.
- Memory lapse or mistake: Perjury requires the intentional act of lying under oath. If it can be argued that false testimony resulted from confusion, a memory lapse, or an honest mistake, it would not meet the legal threshold for perjury.
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Perjury sentencing ranges
In Australia, perjury is punishable by imprisonment in various states and territories, with longer prison sentences for perjury committed with the intent to convict or acquit a person charged with a serious offence. In the Australian Capital Territory, perjury is punishable by a fine of up to AU$112,000, seven years' imprisonment, or both. If perjury was committed with the intent to convict or acquit someone of an offence carrying a prison sentence, the maximum penalty increases to AU$224,000, 14 years' imprisonment, or both. In New South Wales, perjury is punishable by up to 10 years' imprisonment under the Crimes Act 1900, and up to 14 years' imprisonment if committed with the aim of convicting or acquitting a person charged with an offence carrying a prison sentence of five years or more.
In England, perjury was historically punished with monetary penalties, but it was declared a punishable offence at common law by the Star Chamber in 1613. Today, perjury is a statutory offence in England and Wales, and a person convicted of perjury may be imprisoned for up to seven years, fined, or both.
The sentencing ranges for perjury can vary depending on the specific circumstances of the case, the jurisdiction, and the presence of any aggravating or mitigating factors. It is important to note that the details and circumstances of the alleged perjury offence are of paramount importance when determining sentencing ranges.
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Perjury under common law
Perjury, or forswearing, is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. In the US, perjury is typically a felony, carrying a prison sentence of at least a year, as well as fines and probation.
Perjury operates in American law as an inherited principle of the common law of England, which defined the act as the "willful and corrupt giving, upon a lawful oath, or in any form allowed by law to be substituted for an oath, in a judicial proceeding or course of justice, of a false testimony material to the issue or matter of inquiry".
William Blackstone, in his Commentaries on the Laws of England, established perjury as:
> "a crime committed when a lawful oath is administered, in some judicial proceeding, to a person who swears willfully, absolutely, and falsely, in a matter material to the issue or point in question".
Blackstone's definition highlights the importance of intent, which is a key element of common law. To be convicted of perjury, one must have had the intention (mens rea) to commit the act and have actually committed the act (actus reus).
The punishment for perjury under common law has varied throughout history, from death to banishment, and has included grotesque penalties such as severing the tongue of the perjurer. In modern times, perjury under federal law may result in up to five years in prison and fines. The punishment for perjury under state law varies but typically carries felony-level penalties.
In addition to criminal penalties, perjury can have serious consequences for an individual's livelihood and reputation. It is considered a crime against justice, compromising the work of official proceedings and challenging the authority of courts, grand juries, governing bodies, and public officials.
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