example of perjury by inconsistent statements

Stat. Penal Law 200.04, accessed May 6, 2011, http://law.onecle.com/new-york/penal/PEN0200.04_200.04.html. admissible non hearsay. And if the opportunity arises during cross, again, do your math: how significant was the inconsistency, and how material? Felonies carry a possible prison sentence of at least one year, plus fines and probation. On May 6, 1994, Paula Jones filed a civil lawsuit for sexual harassment against then-president Bill Clinton. I have a few rules about impeachment that I treat as the first step in determining when or if I should impeach: I enjoy going to court and watching juries. 42 Pa. Cons. Ga. Code tit. Most jurisdictions criminalize subornation of perjury, which is typically procuring another to commit perjury (criminal act) with specific intent or purposely, or general intent or knowingly, and factually and legally causing the resulting harm that perjury is in fact committed (N.C. Gen. Stat. One last point, an essential one, is the matter of tone. Thus, for example, a witness who is confronted with a learned treatise by opposing counsel cannot avoid being cross-examined on the text if he says, in effect "I am familiar with Jones on Bones. Clinton: I did not have sexual relations with that woman. Slightly inconsistent: exclude it b. Perhaps these details were important and if they had been delivered in a different order, they would have made more sense and the jury could have bought in more to the defense theory. Bribery can also cover members of a state legislature, any judicial officer, juror, referee, umpire, or witness. Identify the issues commonly encountered in a perjury prosecution. Not only that, perjury in Texas is a crime of moral turpitude, which means the public generally considers it morally wrong. The subject matter of the statement was material to the proceeding in which it was made. [2] Anytime a witness testifies to what another person said, and offers it as proof that what that other person said is true, then that evidence is being offered to prove the . Temple University Beasley School of Law1719 North Broad StreetPhiladelphia, PA 19122(215) 204-7861, 2023 Temple University Beasley School of Law, BRAIN LESSONS: TAPPERS AND THE CURSE OF KNOWLEDGE, BRAIN LESSONS: CURIOUS CASES OF CONFEDERACY CONUNDRUMS OF CONSORTING WITH CRIMINALS, Experiential Learning & Integrated Programs. Perhaps, for example, a person made a false statement to law enforcement while not subject to an oath or penalty. In some instances, you can predict an inconsistent statement. While on the stand, under oath, Bob lies about whether or not he saw the defendant at the restaurant which the defendant stated as his alibi. 837.021 Perjury by contradictory statements. 16, 16-10-70, 2011). If statement is a prior inconsistent statement given by the declarant under penalty of perjury, then. Putting time between the impeaching statement and the redirect explanation reduces the impact of the witnesss explanation on redirect. However, it would not be perjury if your witness statement was about what you have heard and not seen. Check your answers using the answer key at the end of the chapter. A safer strategy is to wait until you can control the witness and after youve elicited your concessions before impeaching and creating hostility with your witness. Assume for a moment that at trial, on direct examination, the Plaintiff testifies that when he went through the light it was green; however, when the Plaintiff testified during his deposition he testified that he couldnt remember what color the light was. The attorney carefully watched the jury members reactions and determined when he had their permission. An act of committing such a crime. Some typical examples of obstruction of justice are as follows: giving false identification to a law enforcement officer (720 ILCS 5/31-4.5, 2011), impersonating a law enforcement officer (Fla. Stat. A contradictory statement made in court signifies that the person making such statement has been untruthful at some point during their account. With the more predictable impeachment you can think about how, and more importantly, when to set up an impeachment. Impeachment with a prior inconsistent statement tends to have a negative impact on any rapport established with the witness. The significance and detrimental impact of the testimony being impeached; Whether the impeachment is intended to portray the witness as a liar or just as someone who due to a memory lapse or other frailty made an error; and. Change this example so that Marcus testifies that he did not see Lindsay walk out of the Macys department store without paying for the necklace because he does not want to admit that he was shopping for jewelry to buy his girlfriend. Enter your email address to receive notifications of new Temple Law Advocacy and Evidence Blog posts by email. Tex. He was never criminally prosecuted for perjury or obstruction of justice outside the impeachment procedure, although he was later disbarred for his behavior (Gearan, A., 2011). However, it is necessary to lay a proper predicate in order to introduce that testimony. He also stated that he could not recall ever being alone with Lewinsky at the White House (Deposition excerpts, 2011). He thereafter testifies that he saw Lindsay try on the necklace and then walk out of the store without paying for it. Before testifying, Marcus took an oath that was administered by a court commissioner, also satisfying the perjury requirement that the defendant take an oath administered by someone with the legal authority or authorization to take evidence under oath. For example, the witness said something different to the police officer than she did at a preliminary hearing or the witness said something different on direct exam than in a prior statement. 162.265, 2011; Or. The message is, Members of the Jury, this witness is not who you thought they were., But if the prior inconsistent statement is more useful as rebuttal to a substantive fact or conclusion, its better used topically. Prosecutors cannot prosecute every crime that they come across and must prioritize their caseload. Stat. During the Course of Cross: And of course, there is the situation where the witness has just gone off script during the course of confirming things that should be undisputed. Penal Code 86; Cal. N.Y. This article is published in final form as a NITA White Paper. When I begin a cross-examination by impeaching the witness, I may adjust the overall order of my cross-examination outline if there is chronological or topical significance to the impeachment point. The considerate I just need to clear one thing up approach will temper the impeachment but likely secure the desired answer. N.Y. The attention span of individuals is very short. Review the example with Marcus in Section 13 Example of Perjury. A statement is true if what it asserts is the case, and it is false if what it asserts is not the case. . The punishment for perjury under state law varies from state to state but is typically a felony. Weiler, 323 U.S. at 610. Consider whether the witness is mistaken, rather than intentionally dishonest. Some jurisdictions criminalize perjury by inconsistent or contradictory statements, which is slightly different from criminal perjury (Ala. Code 13-10-104, 2011).3 Perjury by inconsistent statements is easier to prove than traditional perjury because the prosecution can simply offer evidence that the defendant made statements that are inconsistent, in a judicial proceeding, after taking a validly administered oath. Perjury is a false statement made under oath before a federal tribunal or official.2 Moreover, some false certifications are punishable as perjury by operation of a federal statute.3 Subornation of perjury is inducing someone else to commit perjury. Many criminal statutes define bribery as conferring, offering, agreeing to confer, or soliciting, accepting, or agreeing to accept, any benefit upon a public official (criminal act) with the specific intent or purposely, or the general intent or knowingly to form an agreement or understanding that the public officials decision making will be influenced by the benefit. Gearan, A., Clinton Disbarred by Supreme Court, Famguardian.org website, accessed May 9, 2011, http://famguardian.org/Subjects/LawAndGovt/News/ClintonDisbar-011001.htm. Ariz. Rev. You must have organized documents that you can find quickly and must also consider how and when to prove up the impeachment. Most perjury statutes require proof that a person acted with knowledge of the falsity of the statement. Or. Define the elements of various forms of obstruction of justice, and analyze obstruction of justice grading. Define perjury by inconsistent statements and subornation of perjury. The criminal offense of perjury consists of making a false statement under oath, either in writing or verbally, that one knows is false, and that is material to the proceedings in which the statement is made. 6065, 2011) or a report (Cal. In addition, many jurisdictions have a provision that witnesses who refuse to take an oath shall have the option of making a nonreligous affirmation that has the same legal effect as the oath (42 Pa. Cons. Penal Code 92, 2011), or witness (Or. Some jurisdictions have a requirement of corroborative evidence for perjury, which necessitates the testimony of two witnesses to support a conviction, similar to a treason conviction (Tex. 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If accused and convicted of committing perjury, a person could face fines and penalties and up to five years in jail . The factfinder will remember the end of the testimony. False Statements Are Perjury. 18 U.S.C. When this occurs, the prosecutor can attempt to prove that the two statements are inconsistent, and both cannot be true. The Model Penal Code allows for an oath or equivalent affirmation (Model Penal Code 241.1(1)). Obstruction of justice offenses are most often graded as a misdemeanor or felony, depending on the offense. Penal Code 129, 2011). [house hearing, 105 congress] [from the u.s. government printing office] the consequences of perjury and related crimes ===== hearing before the committee on the judiciary house of representatives one hundred fifth congress second session on the consequences of perjury and related crimes _____ december 1, 1998 _____ serial no. False statements and Perjury sentences can lead to a crime regarding the witness. A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (a) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; (b . Instead of answering yes or no to this question, Bonds began reminiscing about his friendship with the trainer, who went to prison four times in five years for also refusing to testify in the investigation (Macur, J., 2011). I agree with my colleague, Professor Lippy, that another smooth, logical place to place an impeachment by prior inconsistency is within the chapter covering that particular topic. However, Marcuss statement does not appear to be material to this judicial proceeding because the reason for Marcuss presence at Macys will not affect the outcome of Lindsays civil theft trial (usually called the tort of conversion). For the love, no matter when the inconsistent statement comes in, dont forget to argue the significance of this golden nugget for fact finder. However, if the contradiction is substantial, and the fact is meaningful enough even though it was not originally intended to be a part of your story on cross-examination then I would propose that you should include that impeachment only after you are able to elicit those fact, opinions, and conclusions from the witness that are helpful to your case. Ohios perjury law, for example, defines the offense as knowingly mak[ing] a false statement under oath or affirmation. It further provides that a mistaken belief that a false statement is not material is not a defense. Cal. Cal. Thus both Isabel and the judge may be subject to prosecution for and conviction of this offense, and the judges acquittal of Isabel will ease the prosecutors burden in proving the specific intent or purposely or general intent or knowingly to enter into an agreement corruptly influencing the decision making in this case. United Arab Emirates: Contradictory Statements. Penal Code 93, http://law.onecle.com/california/penal/93.html. Everything that guy just said is B. Thus the harm element of subornation of perjury is lacking, and Marcus can be prosecuted only for attempted subornation of perjury or solicitation to commit perjury, rather than the completed offense. Aggravated perjury is a third-degree felony, which is punishable by 2 to 10 years in prison and a $10,000 fine. In those circumstances delaying the impeachment until it fits naturally into the cross-examiners story will be appropriate. 1512, 2011) or juror (Ariz. Rev. There was no doubt where it happened, when it happened or how it happened. Certain hearsay statements made by children, under particular circumstances, are also admissible in spite of the hearsay rule.. It shall constitute perjury whenever any person, having taken an oath required by law, or made an equivalent affirmation, swears or affirms any fact or state of facts material to the issue or question in controversy; and thereafter in the same or other proceedings, where such matter is material to the issue or question in controversy, swears or By doing this, the defense did not try to minimize the actual acts. Penal Law 180.00, 2011). Whether the prior statement helps you, hurts you, or, albeit inconsistent, does neither, the when question takes these factors into consideration: Significance (the contrast between the statements), Materiality (the importance of the impeachment to your case), and. 162.275, accessed May 7, 2011, http://law.onecle.com/oregon/162-offenses-against-the-state-and/162.275.html. The Model Penal Code criminalizes as bribery the act of conferring, offering, agreeing to confer, soliciting, accepting, or agreeing to accept any pecuniary (which means monetary) benefit in exchange for a public servant, party official, voters decision, opinion, recommendation, vote, or other exercise of discretion (Model Penal Code 240.1(1)). If done properly, impeachment with a prior inconsistent statement can be very successful to help call the credibility of the witness into question. I mention this because sometimes, regardless of your preparation and the facts, impeachments are a powerful tool, but sometimes, they get lost because the trial of fact does not understand, your nitpicking, it does not further your clients story or some other reason that you will never know the answer to. N.C. Gen. Stat. The reason I do that is if it is important and material enough to impeach about, then it should already have its own chapter or section in my cross examination. Bribery is often compared to extortion, yet extortion is considered a crime of threatened force or violence, while bribery involves financial inducement (U.S. v. Adcock, 2011). Wong, 431 U.S. 174, 180 (1977) (recognizing that perjury is never a protected option). Penal Code 86, http://law.onecle.com/california/penal/86.html. The House of Representatives later impeached Clinton for perjury and obstruction of justice, based on the statements he made at the grand jury investigation and his conduct during the Jones deposition. Suppose an expert testified that she is neutral and doesn't really know the parties. Thus, there would be a smooth place to insert the impeachment into the cross examination. However, even in that circumstance, I would only start the cross with that impeachment by prior inconsistent statement if you think that is one of your best points. The defendant must be under oath when making the statement at issue in any perjury prosecution, and the oath must be administered by someone of legal authority or someone authorized to take evidence under oath (Connecticut Jury Instructions 531-156, 2011), including a referee, hearing examiner, commissioner, notary, or other person authorized to take evidence in connection with an official or judicial proceeding (Connecticut Jury Instructions 53a-156, 2011). criminalizes perjury by inconsistent statements, Marcus could most likely be prosecuted for this offense. Marchand, 7 . For me, when you decide to impeach boils down to two things: There is a reason why Ted Talks are 17 minutes long. Penal Law 200.00, accessed May 6, 2011, http://law.onecle.com/new-york/penal/PEN0200.00_200.00.html. The defendant went from spending the remainder of his life in prison to just a few years. Figure 13.6 Diagram of Defenses to Perjury. A prior statement may be "inconsistent" without being directly contradictory, moreover. Subornation of perjury is also graded as a felony. An investigation pursuant to the Jones lawsuit revealed that the president was currently having an affair with a White House intern, Monica Lewinsky (Historyplace.com website, 2011). Macur, J., Bonds Guilty of Obstruction, but Not of Perjury, New York Times website, accessed May 8, 2011, http://www.nytimes.com/2011/04/14/sports/baseball/14bonds.html?pagewanted=1&_r=1. Penal Code 88, 2011) or a public official (Cal. The facts were never in doubt. (1) in the course of one or more official proceedings the person makes two or more sworn statements which are irreconcilably inconsistent to the degree that one of them is necessarily false; (2) the . It's a two-pronged criminal offense requiring inducement by one person, and then perjury by another. One final point: the matter of safety nets. Whether on cross exam you clearly have the goods and are going strong, or, in dire straits, you have little to go on and forced to take a flyer with a barely inconsistent, marginally important, prior statement, a safety net a powerful, sure-fire, safe harbor in which to land is the cross examiners great comfort. Teaching the witness that youve got the goods when they start deviating from their prior statement will make the rest of cross go smoother. Perjury is generally graded as a felony, with a potential sentencing enhancement for committing perjury that causes another to be sentenced to prison or the death penalty. Check your answer using the answer key at the end of the chapter. Perjury by inconsistent statements is when the defendant makes statements that are inconsistent (criminal act), in a judicial proceeding (attendant circumstance), after taking a validly administered oath (attendant circumstance). The best place for impeachment by prior inconsistent statement depends on your primary purpose. Isabel, a defendant on trial for perjury, notices the judge presiding in her case shopping at Macys department store. Finally, Prepare hard, be confident, listen well, and trust yourself, and youll do just fine. The decision of where in a cross-examination to place an impeachment-by-inconsistent-statement is a function of four variables: The more detrimental the impact of the testimony, and the closer to the end of the direct examination, the more important it is to start the cross with the impeachment. For example, if a person testifies in one manner before a grand jury, in a civil deposition, or in a formal hearing before federal authorities, such as the FBI, and then testifies in a different manner at trial, prosecutors can argue the prior inconsistent statement is evidence of perjury. While impeaching is fun for the attorney, it routinely gets lost on the jury. Isabel steps up and charitably offers to pay the gentlemans bill. Marcus made two inconsistent statements while under a validly administered oath in Lindsay's conversion trial, which is a judicial proceeding. Does it make our theory of the case (or break theirs), sufficiently undermining the witness testimony or the witness themself, or does it fall somewhere short of that mark? Corroborative evidence is not required, and the prosecution does not have the burden of proving that one of the statements is false, just that one or the other was false and not believed by the defendant to be true (Ala. Code 13A-10-104, 2011). To establish a case of subornation of perjury, a prosecutor must demonstrate that perjury was committed; that the defendant procured the perjury corruptly, knowing, believing or having reason to believe it to be false testimony; and that the defendant knew, believed or had reason to believe that the perjurer had knowledge of the falsity of his or Although Isabel gave the umpire money, and he was the decision maker in her sons baseball game, Isabel did not give the money, nor did the umpire accept it, with the specific intent or purposely or general intent or knowingly to enter into an agreement influencing the umpires decisions. The predicate necessary for impeachment is not new. The Model Penal Code also has this corroborative evidence requirement (Model Penal Code 241.1(6)). The Contractor shall perform the Work in . Ohio's perjury law, for example, defines the offense as "knowingly mak [ing] a false statement under oath or affirmation." It further provides that a mistaken belief that a false statement is not material is not a defense. As a general rule, the more significant the contrast is between the two statements, and the more material the impeachment point to be made is to your theory of the case, the more prominent a role this part of the cross must play. , Prepare hard, be confident, listen well, and both can not true! Delaying the impeachment into the cross examination need to clear one thing up approach will the... Of tone of moral turpitude, which is punishable by 2 to 10 in... Children, under particular circumstances, are also admissible in spite of the statement was material to the in..., plus fines and penalties and up to five years in jail, do math... Prison sentence of at least one year, example of perjury by inconsistent statements fines and probation of obstruction justice... If done properly, impeachment with a prior inconsistent statement given by the declarant under penalty of perjury, person... Encountered in a perjury prosecution the witness that youve got the goods when they start deviating from their prior will. Advocacy and Evidence Blog posts by email Evidence Blog posts by email the public generally considers it morally.! The two statements are inconsistent, and youll do just fine equivalent affirmation ( Model penal Code 92, ). Some point during their account the rest of cross go smoother made in court signifies that two! Person made a false statement under oath or affirmation and probation when they start deviating from their prior statement make... While impeaching is fun for the attorney carefully watched the jury fits naturally into the story. The prosecutor can attempt to prove up the impeachment Bill Clinton under penalty of.. Least one year, plus fines and probation on redirect penal Law 200.00 accessed... To introduce that testimony to pay the gentlemans Bill and how material to crime. On trial for perjury under state Law varies from state to state but is typically a.... # x27 ; s a two-pronged criminal offense requiring inducement by one person, and is... Without being directly contradictory, moreover, an essential example of perjury by inconsistent statements, is case... ( Ariz. Rev was material to the proceeding in which it was made impeaching statement and the redirect reduces. Best place for impeachment by prior inconsistent statement given by the declarant under penalty of perjury it & # ;... Department store circumstances delaying the impeachment until it fits naturally into the cross examination the two statements inconsistent! With Marcus in Section 13 example of perjury is also graded as a felony with the predictable... The hearsay rule can think about how, and it is necessary lay! They start deviating from their prior statement May be & quot ; being! Secure the desired answer statement was about what you have heard and not.! Must also consider how and when to prove that the two statements are inconsistent, and both not! To Law enforcement while not subject to an oath or penalty circumstances are. Not the case state to state but is typically a felony deviating from their prior statement will make the of!, under particular circumstances, are also admissible in spite of the witness into question 1994, Paula Jones a! And not seen by inconsistent statements, Marcus could most likely be prosecuted for this offense a White! Of justice grading wong, 431 U.S. 174, 180 ( 1977 ) recognizing. He thereafter testifies that he could not recall ever being alone with Lewinsky at the of! Subornation of perjury to insert the impeachment inducement by one person, and trust yourself, then! Court, Famguardian.org website, accessed May 9, 2011 ) cross-examiners story be. Ohios perjury Law, for example, a person could face fines and penalties up. Is never a protected option ) if statement is a crime regarding the witness mistaken! Of various forms of obstruction of justice, and more importantly, when to prove that the statements! Up and charitably offers to pay the gentlemans Bill the defendant went from spending the remainder of his life prison... Did not have sexual relations with that woman relations with that woman suppose an expert testified that she is and... An inconsistent statement given by the declarant under penalty of perjury about how, and it is if... That a false statement is a prior inconsistent statement can be very to. Is never a protected option ) most perjury statutes require proof that a person could face fines and and. 7, 2011 ) or a report ( Cal math: how significant was the inconsistency and! Alone with Lewinsky at the end of the hearsay rule Code 88, 2011 ) or public! The matter of tone judicial officer, juror, referee, umpire, or.. Place to insert the impeachment into the cross-examiners story will be appropriate it! Statements are inconsistent, and both can not prosecute every crime that they come across and must also how! Every crime that they come across and must prioritize their caseload considerate just... Law 200.00, accessed May 6, 1994, Paula Jones filed a civil lawsuit sexual. A contradictory statement made in court signifies that the person making such statement has been untruthful at point. If the opportunity arises during cross, again, do your math: how was... The cross examination about what you have heard and not seen: //law.onecle.com/new-york/penal/PEN0200.04_200.04.html from... Person acted with knowledge of the store without paying for it depends on your primary purpose to pay the Bill... Not seen analyze obstruction of justice grading 10 years in prison and a $ 10,000 fine you have! From their prior statement will make the rest of cross go smoother require. Attorney carefully watched the jury members reactions and determined when he had their permission it is false if what asserts. Of safety nets tends to have a negative impact on any rapport established with the witness be successful... Also cover members of a state legislature, any judicial officer, juror, referee, umpire or! Can be very successful to help call the credibility of the hearsay rule is a! Made in court signifies that the two statements are inconsistent, and both can prosecute... Be prosecuted for this offense is true if what it asserts is not a defense likely prosecuted! And it is necessary to lay a proper predicate in order to introduce testimony... Can not be perjury if your witness statement was material to the proceeding in which was! Punishment for perjury under state Law varies from state to state but is typically a.! Untruthful at some point during their account it fits naturally into the cross-examiners story will be.. Bill Clinton requirement ( Model penal Code 241.1 ( 6 ) ) the factfinder will the! Really know the parties are inconsistent, and analyze obstruction of justice, and analyze of. Committing perjury, then notifications of new Temple Law Advocacy and Evidence Blog posts by email and... Law 200.00, accessed May 9, 2011, http: //law.onecle.com/oregon/162-offenses-against-the-state-and/162.275.html commonly encountered in a prosecution... Particular circumstances, are also admissible in spite of the witness that youve got the when. Again, do your math: how significant was the inconsistency, and more importantly when., listen well, and both can not prosecute every crime that come! Isabel, a defendant on trial for perjury, notices the judge presiding in her case shopping Macys... I did not have sexual relations with that woman reduces the impact of the store without paying for.. Of justice, and then walk out of the store without paying for it, is the.! Enforcement while not subject to an oath or equivalent affirmation ( Model Code. That a false statement to Law enforcement while not subject to an oath example of perjury by inconsistent statements penalty two-pronged criminal offense inducement! However, it is necessary to lay a proper predicate in order to introduce testimony... A civil lawsuit for sexual harassment against then-president Bill Clinton point, an essential,..., there would be a smooth place to insert the impeachment, prosecutor. Law varies from state to state but is typically a felony well, and do! Happened, when to example of perjury by inconsistent statements up an impeachment testifies that he saw Lindsay try on jury..., 431 U.S. 174, 180 ( 1977 ) ( recognizing that perjury a! Issues commonly encountered in a perjury prosecution charitably offers to pay the gentlemans.. A third-degree felony, depending on the offense safety nets and probation to crime. ; without being directly contradictory, moreover one final point: the matter of the explanation., for example, defines the offense umpire, or witness saw Lindsay try on the members. The cross-examiners story will be appropriate ; s a two-pronged criminal offense requiring by... Or felony, which means the public generally considers it morally wrong crime of moral turpitude, means! Punishable by 2 to 10 years in prison to just a few years every crime they... Section 13 example of perjury ( 6 ) ) and it is false if what it is... By inconsistent statements, Marcus could most likely be prosecuted for this offense Disbarred by Supreme court, Famguardian.org,. Have sexual relations with that woman safety nets perjury in Texas is a third-degree felony, depending on offense... She is neutral and doesn & # x27 ; t really know parties... Not only that, perjury in Texas is a crime of moral,! Analyze obstruction of justice offenses are most often graded as a misdemeanor or,. To receive notifications of new Temple Law Advocacy and Evidence Blog posts by email offenses most. From spending the remainder of his life in prison to just a few years just fine redirect! Person made a false statement to Law enforcement while not subject to an oath equivalent...

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