Subornation of perjury

Subornation of perjury

Subornation of perjury is a legal term describing the crime of persuading another to commit perjury. [ Garner, Bryan A., Ed., "Black's Law Dictionary (7th Ed)" (West Group, St. Paul Minnesota, 1999), p. 1440.]

It may be applied to an attorney who presents testimony (or an affidavit) the attorney knows is materially false to a judge or jury as if it were factual. Generally, the knowledge that the testimony is materially false must rise above mere suspicion to what a reasonable attorney would have believed in the circumstances. For example, the attorney cannot be wilfully blind to the fact that their witness is giving false testimony. An attorney who actively encourages a witness to give false testimony is clearly guilty of suborning perjury. It can occur in either a civil or criminal case.

Subornation of perjury is a crime. It is also an offense for which an attorney can be disciplined, disbarred or jailed. Subornation is the circumstance where an attorney gets, or allows, another party to lie. If an attorney makes a false representation in court, that is also a crime and he could be subject to similar punishment as subornation.

Under American federal criminal law, "Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both". Subornation of perjury occurs when anyone--not just a lawyer--encourages a witness to perjure her/himself. Violators can face a maximum of five years in prison. [UnitedStatesCode|18|1622] That law has analogous provisions in every state of the union.

The line between subornation of perjury and simply helping witnesses recall what actually occurred is a fine one. The best theatrical example of "wood shedding" (also known as "horse shedding" [http://books.google.com/books?id=kjwVASsTUm0C&pg=PA445&lpg=PA445&dq=%22horse+shedding%22&source=web&ots=DnNsSClpMd&sig=rGf9tg3HTgWmCNOBBC6u_4IsBAA#PPA445,M1] -- for the locale of the collaboration-- or "sand papering") [ "See" Bryan A. Garner, "Black's Law Dictionary (7th Ed.)" (West Group, St. Paul Minnesota, 1999), pp. 742, 1342 and 1598.] is in the book and movie Anatomy of a Murder, which concerns an actual case in the Upper Peninsula of Michigan, and written under the pen-name of Robert Traver, who was Justice John D. Voelker of the Michigan Supreme Court. The story graphically demonstrates the ethical and legal problem.

References

ee also

*Perjury
*Jury tampering


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Look at other dictionaries:

  • subornation of perjury — The crime of encouraging, inducing, or assisting another in the commission of perjury, which is knowingly telling an untruth under oath. Example: Lawyer Frank is interviewing a witness in an accident case who says that Frank s client was… …   Law dictionary

  • subornation of perjury — noun (law) inducing someone to make a false oath as part of a judicial proceeding to prove subordination of perjury you must prove the perjury and also prove that the perjured statement was procured by the accused suborner who knew that it would… …   Useful english dictionary

  • subornation of perjury — The offense of procuring another to take such a false oath as would constitute perjury in the principal. Jenkins v. U.S., 500 A.2d 1019, 1021. 18 U.S.C.A. No. 1622. See also perjury …   Black's law dictionary

  • subornation of perjury — The crime of procuring another to commit perjury by inciting, instigating, or persuading. 41 Am J1st Perj § 74. In a proper sense, the equivalent of perjury itself. United States v Silverman (CA3 Pa) 106 F2d 750 …   Ballentine's law dictionary

  • subornation of perjury — Crim. Law. the offense of bribing or otherwise persuading another to commit perjury. [1580 90] * * * …   Universalium

  • subornation — sub·or·na·tion /ˌsə ˌbȯr nā shən/ n: an act or instance of suborning subornation of perjured statements to protect witnesses from intimidation and subornation WBZ TV4 v. DA for the Suffolk Dist., 562 N.E.2d 817 (1990) ◇ Subornation of perjury is …   Law dictionary

  • subornation — [sub΄ôr nā′shən] n. 〚ML subornatio〛 a suborning or being suborned; esp., the crime of inducing another to commit perjury (subornation of perjury) * * * See suborn. * * * …   Universalium

  • subornation — [sub΄ôr nā′shən] n. [ML subornatio] a suborning or being suborned; esp., the crime of inducing another to commit perjury (subornation of perjury) …   English World dictionary

  • perjury — per·ju·ry / pər jə rē/ n pl ries [Anglo French perjurie parjurie, from Latin perjurium, from perjurus deliberately giving false testimony, from per detrimental to + jur jus law]: the act or crime of knowingly making a false statement (as about a… …   Law dictionary

  • Perjury — Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. It is important that the false… …   Wikipedia

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