Cecily Zamora
Perjury, also known as forswearing, is a serious offence that can derail the basic goal of the justice system – discovering the truth. It is defined as the intentional act of giving false testimony under oath on a matter that is material to an official proceeding. Perjury was originally defined as giving false evidence on oath to a court of law, but in the 19th century, this definition was expanded to include giving false evidence under affirmation to other legal tribunals. The punishment for perjury under common law has historically varied from death to banishment, and has included grotesque penalties such as severing the tongue of the perjuror.
| Characteristics | Values |
|---|---|
| Definition | The intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or written, concerning matters material to an official proceeding |
| Components | Mens rea (intention) and actus reus (the act) |
| False Statements | Must be capable of influencing the proceeding or issue in question |
| Punishment | Varied from death to banishment, including severing the tongue of the perjuror |
| Modern Punishment | Imprisonment for up to 14 years in Canada, up to 7 years in England and Wales, and up to 5 years in the US |
| Complexity | Perjury can be a complex crime, and an experienced lawyer should be consulted |
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What You'll Learn
Perjury's definition and punishment
Perjury is the intentional act of swearing a false oath or knowingly making a false statement under oath, or by omission to do what has been promised under oath. It can also be defined as falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. Perjury is considered a serious offence as it can be used to usurp the power of the courts, resulting in miscarriages of justice.
To be convicted of perjury, one must have had the intention to commit the act and must have actually committed the act. Statements that are facts cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an interpretation of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without the intent to deceive.
In the United States, the general perjury statute under federal law classifies perjury as a felony and provides for a prison sentence of up to five years. In several states, perjury is punishable by imprisonment for a term not exceeding seven years, a fine, or both. In Canada, those who commit perjury are guilty of an indictable offence and can be imprisoned for up to fourteen years. In Australia, perjury is punishable by imprisonment for up to 7 years, a fine of up to AU$112,000, or both. If perjury was committed with the intent of convicting or acquitting someone of an offence that carries a prison sentence, the maximum penalty is AU$224,000 or 14 years imprisonment or both.
Historically, the punishment for perjury under common law has varied from death to banishment and has included grotesque penalties such as severing the tongue of the perjurer or monetary penalties.
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Mens rea and actus reus
Mens rea, or the intention to commit perjury, is a crucial element of the offence. It is not enough for a person to make a false statement; they must do so knowingly or willfully, with an understanding of the question and the intention to deceive. This means that individuals with honest but mistaken beliefs or inaccurate recollections are not considered to have the requisite mens rea for perjury.
The actus reus, or the act of perjury, is the giving of false testimony under oath. This includes both spoken and written statements made under oath or affirmation to tell the truth in official proceedings. The false statement must be material to the legal proceeding and capable of influencing its outcome. For example, lying about one's age would not constitute perjury unless it pertained to a material issue such as eligibility for old-age retirement benefits.
To be convicted of perjury, the prosecution must generally prove that the defendant made a false statement that they knew to be untrue or did not believe to be true. In some jurisdictions, such as under Section 1623 of the U.S. Code, it is sufficient to prove that the defendant made two statements that are so inconsistent that one of them must be false.
The requirement of materiality in perjury means that the false statement must relate to the matters at issue in the proceedings. It must have the potential to influence the decision of the tribunal or investigating body, including the credibility of witnesses. A false statement that is not relevant to the proceeding and does not impact its outcome does not meet the threshold for perjury.
Perjury is a serious offence as it undermines the justice system's goal of discovering the truth. The punishment for perjury has varied historically, from death to banishment, and currently includes imprisonment, fines, or both.
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Material statements
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. A material statement is one that has a direct relationship with the issue being decided. It must be capable of influencing the outcome of the proceeding or issue in question. For instance, lying about one's age is not perjury unless age is a factor that can influence the legal outcome, such as eligibility for old-age benefits.
In the United States, perjury is defined as someone who, having taken an oath before a competent tribunal, officer, or person authorised to administer the oath, willfully and knowingly makes a false statement about a material matter. The US Supreme Court has ruled that a perjury conviction cannot be based on misleading or evasive testimony that contains a literal truth.
In California, perjury is defined as willfully stating as true any material matter that the declarant knows to be false. A person who makes a false statement but later corrects it has not committed perjury. To be convicted of perjury, the statement must be proven false, and the witness must have reasonably understood the question being asked.
In the United Kingdom, the requirement that the statement be material can be traced back to Edward Coke, who said: "For if it be not material, then though it be false, yet it is no perjury, because it concerneth not the point in suit, and therefore in effect it is extra-judicial."
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Defences and exceptions
Lack of Intent to Mislead
A critical element of perjury is the intention to mislead. If an individual can prove that they were unaware of making a false statement, they cannot be convicted of perjury. For example, false testimony resulting from confusion, memory lapse, or an honest mistake is not considered perjury.
Truthfulness
One of the most robust defences is proving that the statement alleged to be false was, in fact, true.
No Oath or Affirmation
Perjury typically applies to statements made under oath or solemn affirmation. If it can be demonstrated that the statement in question was not made under oath or did not fall under the legal definition of an affirmation, this could be a defence. However, this defence can be complex, as there is no standard method or specific wording required for administering an oath.
Perjury Trap
In some jurisdictions, a defence may be that the prosecutor intentionally called a witness to testify with the primary purpose of eliciting perjurious statements. This defence can be challenging to prove, as the prosecutor can argue that the witness's testimony was relevant to the issue under investigation.
Immunity
In the American legal system, witnesses testifying under oath are generally immune from civil liability for their statements. This encourages individuals to testify freely without fear of repercussions.
Recantation
In some jurisdictions, admitting to making a perjurious statement and recanting it during the same proceeding can be a defence. This defence is not available in British Common Law.
Charter Defences
In Canada, while perjury cases rarely involve Charter defences, they may be available if an individual's Charter-protected rights have been infringed.
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Perjury in the US and UK
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. To be convicted of perjury, one must have had the intention to commit the act and have actually committed the act. Statements that are facts cannot be considered perjury, even if they constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding.
Perjury in the US
In the United States, perjury is defined in two ways for federal purposes: firstly, as someone who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, willfully makes a false statement as to a material matter. Secondly, perjury can also be defined as someone who, in any case in which a law of the United States authorizes an oath to be administered, knowingly makes sufficiently inconsistent statements that are so contradictory that one of them is necessarily false. Perjury is a felony under federal law and provides for a prison sentence of up to five years.
Perjury in the UK
Perjury is a statutory offence in England and Wales. A person convicted of perjury is liable to imprisonment for a term not exceeding seven years, or to a fine, or to both. The punishment for perjury may include having to spend time in prison, probation, or paying fines to the court. It can also interfere with the ability to obtain employment or security clearance, as a conviction for a crime of dishonesty will appear on the individual's record.
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