Perjury Laws: Understanding the Seriousness of Lying Under Oath

Perjury simply means knowingly telling lies or half-truths in an official proceeding, such as in court, or an official document, such as an affidavit. It is a crime that can earn the offender jail time and fines under federal and state laws. 

Perjury is considered a crime because it threatens the judicial system's integrity. False statements can destroy public confidence in the judicial system, result in the miscarriage of justice, and violate the rights of innocent people.

What is Perjury?

Perjury is the criminal act of intentionally misrepresenting the facts while under oath or in an official document.Simply put, it is lying in an official setting, like in a trial, a deposition, or an affidavit. Any sworn statements given in such settings expect the truth. This is why criminalizing false statements is very important because it dissuades people from doing so and therefore protects the justice system. As a crime, perjury is a serious charge because it is an attack on the truth and can directly affect the result of a legal proceeding and the effectiveness of the justice system as a whole.

In the context of the court or giving official statements, lying under oath can lead to the conviction or death (in cases where capital punishment is on the table) of an innocent individual. It is considered a crime against justice or offenses against the administration of justice and sits with similar offenses like probation or parole violation, failure to respect the order of the court, and alteration or destruction of evidence.

Perjury is not restricted to oral presentation. Knowingly providing false testimony in writing while preparing an affidavit is also considered perjury. Since such affidavits can be used instead of oral testimony, they have the same effect as their spoken version.

Key Elements of Perjury

• Being under oath: When you promise to tell nothing but the truth to the best of your ability during a legal process, you are under oath. The most commonly used oath in legal settings involves saying the affirmation, “I swear to tell the whole truth and nothing but the truth.” Being under oath is a very important part of many legal processes and emphasizes how essential telling the truth is to legal proceedings. This is because a sworn testimony is often integral to such proceedings and could determine their judgments.

It is important to note that being under oath does not only occur in the courtroom. When signing an affidavit, you are also considered to be under oath. This is evidenced in the fact that affidavits have an affirmation section where the affiant (signer) declares that the information they have provided is true to the best of their knowledge.  

Only a certain group of people can administer an oath. This group includes judges, justices of the peace, clerks of court, notaries, and court commissioners. Lying under oath attracts punishments ranging from fines to jail time.

• Deliberate false statements on material facts: Another important element of perjury is the deliberate presentation of false statements. It involves knowingly making a false statement on material facts to deceive the court or the recipient. A material fact is an important fact that can sway a result, outcome, or decision in a particular direction. As such, making false statements is tantamount to inducing the court to make a decision based on lies. 
• Impact of the falsehood on the legal proceeding: One of the things that qualifies a false statement made under oath perjury is if and how it affected the outcome of the legal proceeding. When the falsehood in question impacts the decision of the judge or jury or when it calls into question the credibility of a witness, it is regarded as perjury.

Why is Perjury a Serious Crime?

Perjury is considered a serious offense because it can render the judicial system ineffective at ensuring that justice prevails. It can also affect public confidence in the system.

Undermining the Legal System

It is not an exaggeration to say that perjury, if unchecked, can render the justice system of a country ineffective. Lying in court or an affidavit can lead to delayed justice or the miscarriage of justice, where vital evidence is thrown out, the testimonies of credible witnesses are called into question, and the judges and juries are deceived. This, in turn, leads to innocent people getting punished and unjust judgments made based on falsehoods. Perjury will make it harder to rely on precedents, which were likely influenced by lies. It could also lead to unnecessary court proceedings, wasting the system’s limited time and finances.  

Broader Social Consequences

When perjury becomes the order of the day, the public will lose complete confidence and trust in the legal system. A loss of public trust can affect the justice system as witnesses will be hesitant to come forward because they don’t think they will be believed or that their testimony will matter. Also, victims might look for alternative options for justice like taking matters into their own hands.

False testimonies can also severely affect innocent parties. At best, they can be denied justice for wrongs done to them. At worst, false testimonies can lead to punishment for crimes they did not commit.

Examples of Perjury

There have been real-world and everyday examples of perjury that show us just how it plays out and what its effects are on the justice system.

Notable Historical Cases

In one the most famous criminal cases in US history - the 1995 OJ Simpson trial, Mark Furman, an L.A. Detective who worked on the case, testified under oath that he had not used any racial slur in the past 10 years. A year later, he was tried for perjury. In the trial, witnesses claimed to have heard him use racial slurs within that period and a recording showed that he used it at least 41 times. Mark Furman later entered a plea deal, got three years probation and was made to pay a minimum restitution fine.

In another historic case, Bill Clinton was accused of committing perjury during a deposition in a sexual assault trial filed by Paula Jones in 1998. Clinton claimed that he had not had any sexual interaction with Monica Lewinsky. However, this was later proven false by evidence and Lewinsky’s testimony. This perjury led to his impeachment by the House of Representatives. But he eventually got out of the hook when the Senate acquitted him.

Going back in time to 1950, Alger Hiss, a State Department official, was accused of espionage and being connected to the Soviets. Under oath, Hiss denied any ties to the communists or being a spy. However, evidence later came out that he was a spy and had ties to the Soviets. He was sentenced to five years in prison for perjury.

In more recent times, Martha Stewart, an American businesswoman and writer, lied under oath when she was asked if she had been involved in insider trading in 2004. She had sold her ImClone Systems shares just before the price plummeted. She claimed that she had a pre-existing agreement to sell her stocks, which was later proven untrue. She was sentenced to five months in federal prison, another five months of home confinement, and two years of probation for her crime.

Perjury can lead to the miscarriage of justice but not always in the way many might think. Furman’s lies, for example, contributed to the jury’s decision to acquit OJ Simpson as they were concerned about racial bias in the case. Clinton’s case led people to question the integrity of the highest office in the country. 

Everyday Examples

Even in minor cases like divorce or custody cases, perjury could still affect the outcomes of the proceeding. People may lie in divorce cases to misrepresent the facts of the marriage like hiding instances of domestic abuse, child neglect, or assets they don’t want to split with their partner. However, such cases of perjury can cause you to lose custody and lead to criminal charges.

Federal and State Perjury Laws and Penalties

There are some similarities between federal and state laws regarding perjury, including what qualifies as perjury and its penalties. Let’s take a look at these laws in detail.

Federal Perjury Laws

There are federal statutes criminalizing perjury and false statements. Federal persecutors must prove all elements of perjury before they can get a conviction. According to federal laws - Title 18, § 1621 of the U.S. Code, a person is guilty of perjury if they:

• Take an oath before a competent tribunal, officer, or person;
• In any case in which a United States law authorizes an oath to be administered,
• Deliberately and contrary to such oath; 
• Subscribe as true any material matter which they do not believe to be true

Anyone guilty of perjury may be fined for not more than $2000, imprisoned for under five years, or both. This penalty also applies to people who persuade or cause someone else to lie under oath as this is also considered perjury.

State-Level Perjury Laws

When it comes to state laws regarding perjury, they often take a similar stance as federal laws. New York perjury laws, encoded in New York Penal Law § 210, classify perjury in degrees: first, second, and third-degree felonies. Perjury in the third degree is a Class A misdemeanorand occurs when someone swears falsely. Perjury gets more serious when it becomes a felony under the second or first degree.

Perjury in the second degree is a class E felony and occurs when the falsehood is written in an affidavit with the intent to mislead and is material to the action, proceeding, or matter involved. Perjury in the first degree is considered a class D felony and occurs when the false statement consists of testimony and is material to the action, proceeding, or matter in which it is made. 

Perjury in the Third Degree is punishable by a fine of up to $1,000 and no more than one year in jail. Perjury in the Second Degree is punishable by up to four years in prison and First Degree can lead to a prison sentence of up to seven years.

Under California Penal Code § 118 PC, anyone who takes an oath administered by California law to say the truth in testimony before any tribunal, officer, or person and knowing makes falsehoods, is guilty of perjury, whether or not it is committed in California. The crime of perjury in the Golden State can carry a sentence of up to four years in prison as well as a substantial fine.

According to Texas Penal Code § 37.02, a person is guilty of perjury when they make a false statement under oath or swear under oath to the truth of a false statement previously made. Texas also distinguishes between perjury and aggravated perjury. Aggravated perjury occurs when a false statement is made during or in connection with an official proceeding and is material to the proceeding.

Perjury is a Class A misdemeanorand is punishable by a fine of $4,000 and up to a year in the county jail while aggravated perjury is a third-degree felony, punishable by 2 to 10 years in prison and a fine of $10,000. 

Factors Influencing Penalties

As with most crimes, there are aggravating factors that increase sentences and mitigating factors that reduce sentences. These influence an offender’s sentencing for committing perjury. However, the specific factors that determine sentencing depend on the state or jurisdiction in which the crime is being tried. 

Aggravating factors include: 

• Prior conviction
• Bribery or extortion is involved
• The defendant played a leadership role
• The crime was motivated by bias like racial, gender, religious, or sexual orientation

Mitigating factors include:

• The defendant has shown remorse
• The defendant admitted to the crime
• The defendant played a minor role
• The defendant has a mental or physical illness
• The defendant has no prior conviction

How To Avoid Perjury

It is important to always ensure that you tell the truth under oath, in any official proceeding, or on any official document so as not to be charged with perjury. Presenting falsehoods in such settings can greatly affect such proceedings and the justice system's integrity.

Importance of Accurate Testimony

Giving a dishonest or unclear testimony can severely undermine your credibility as a witness, not to mention your integrity as a person. It can tarnish the reputation of legal representatives associated with the crime and can lead to the miscarriage of justice. In a similar vein, exaggerating or omitting while under oath can have adverse effects on you. It can affect your credibility, damage your reputation, and attract legal trouble. It can also lead to prejudice and wasted resources and affect the court's ability to serve justice.

Role of Legal Counsel

It is best to have legal counsel when preparing to give testimony in court. They can help you prepare by telling you the do’s and don’ts so you do not make any mistakes you will regret later. When under oath, remember to: 

• Answer the questions as honestly as possible 
• Avoid exaggeration or omission 
• Listen carefully so as not to be confused
• Never volunteer information that was not asked for
• Never lose your temper
• Correct any mistakes you make

If you are charged with perjury, reach out to a legal counsel, as there are legal defenses that they can use to ensure you do not get into trouble.

In the legal system, the integrity of testimony is integral to ensuring justice prevails and everyone is protected under the law. False statements can significantly undermine the judicial system, which will lead to inaccurate and unfair judgments and reduce public trust in it. As such, it is important to always tell the truth while under oath no matter what