US Legal Definition
Perjury is a serious crime in US. But the laws of perjury are unclear to many of the US people. If it is clear to all, then probably the people committing perjury will be less in number & understand the severity of the offense. According to US law, legal definition of perjury is “the act of willful as well as corrupt giving, based on a lawful oath or substituted for an oath in any form allowed by the law, in any court of justice or judicial proceeding, of a false statement related to the issue or to the matter of inquiry.”
Prohibition For Federal Purposes
According to the laws of US, perjury is strictly prohibited. This prohibition is in two senses just for the federal purposes. For an individual who:
a) Has taken an oath in front of a competent tribunal, person, tribunal, in any of the court cases which the US laws authorize the oath to be administered, that the individual will testify, depose, declare or certify truly, or any of the written declaration, statement, deposition or certificate subscribed by the individual is true, on own will & contrary to the oath states or subscribes any matter that the individual does not believe.
b) Willfully subscribes any verification, declaration, statement, or certificate under the penalty of perjury which is permitted under the title 28, section 1764, of the US code, as a true matter which the individual does not believe to be true.
According to the above statute, there is a punishment of up to 5 years for perjury.
The US perjury law is developed based on the US vs. Dunnigan case. It is a seminal case that set the standards for perjury laws in US. Almost all the courts of US use the Dunnigan standard to determine an individual’s level of perjury. But, if a defendant is shown to be willfully ignorant, than he/she can be considered eligible for a perjury prosecution. The Dunnigan distinction is based on the relationship between two components of a perjury definition: when willfully giving a false testimony, an individual must understand that he/she is giving a false testimony to be considered as a perjurer. In case of the false statement, deliberation of the defendant is necessary to be considered as perjury.
Another Form Of Perjury
Subornation of perjury is nothing but a subset of American laws related to perjury. It prohibits an individual to induce another one to commit perjury. Subornation perjury entails equivalent punishment to that of perjury on the federal level. But in this crime, there is an extra proof required. That is the prosecution needs to prove that not only perjury occurred but the defendant also performed the job of inducing perjury. Not only that, the defendant must be aware that the suborned statement is perjury statement.
A Criminal Attorney Is Needed
There is many a criminal attorney in the US who are specialized for handling perjury cases. Remember, a perjury conviction can destroy your life both physically & mentally. And losing a perjury case is the worst thing you can face in your whole life. So to get rid of such a situation, try to reach a criminal attorney for a perjury case. A criminal attorney can let you through all the difficulties of such a hassle.