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What Is Perjury?
Perjury is defined as the willful giving of a false testimony under oath. This refers to court cases, and purposely giving false information while in court. These rules apply to all members of the court, from the defendant to the witnesses, to the detectives and other officials. Perjury is also termed “lying under oath”, and suggests that a person is deliberately giving false information while in a courtroom. Perjury however, does not apply to all false information in the court system. Perjury must be connected to false information that is relevant to the case. If a person lies about something irrelevant to the case, they cannot be charged with perjury.
Is Perjury Illegal?
Perjury is considered a very serious crime according to state and federal laws. It holds a stiff penalty that is designed to keep participants honest and truthful in a court of law. Perjury is often times used as a threat, as a way to scare court participants into telling the truth, but very rarely is the threat carried out into a conviction of perjury. The amount of perjury that occurs in a courtroom and the amount of cases that are actually pursued, differ greatly. Perjury is difficult to prove, and henceforth few cases can be made from perjury accusations.
Proving Perjury
Perjury is very difficult to prove, as it deals with intangible evidence, and merely lies on the suggestion and suspicion of members of the court. In order for perjury to be proven, one must be able to prove mens rea, the intention to commit the crime, and actus reus, the actual act of committing the crime. If those two criteria can be met, giving false information in court can be turned into a perjury case if the court feels necessary. The problem with proving perjury is that memories and recollection of facts are hard to prove. Stress, fear, and other emotions can cause a person’s memory to either discount important information or add additional events that may not have occurred. Memory can be swayed by persuasion, questions, and other situational elements, and therefore can appear as though someone is committing perjury. Perjury is difficult to prove, but the threat alone serves as a deterrent for participants to refrain from giving false information while under oath.
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