Should Former President Clinton Have Been Criminally Prosecuted for Perjury and Obstruction of Justice? Thus modern laws of perjury are calculated to ensure that witnesses testify truthfully so that justice can be done in each individual case. It also might make sense to tie the statement to where it fell chronologically within the case. Penal Law 200.00, 2011) with enhancements for bribery that is carried out with a larger sum of money (N.Y. Obstruction of justice offenses are most often graded as a misdemeanor or felony, depending on the offense. 234 (1998), accessed May 5, 2011, http://scholar.google.com/scholar_case?case=17399056576949304157&q= State+v.+Kimber+48&hl=en&as_sdt=2,5. Most state laws have similar provisions, but judges typically have the discretion to use . The perjury charges support the obstruction of justice charge, so the defense asked for a court dismissal of the obstruction of justice conviction in order to clear the way for an appeal (Ortiz, J. L., 2011). 14-210, 2011). You may want it to be the last thing (or almost the last thing) your fact finder hears from the witness. 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. Check your inbox or spam folder to confirm your subscription. Perhaps a witness used harsh language or made an admission to a police officer. Susannah saw a car accident and is subpoenaed to testify that the defendant was at fault. 5A-11, et seq., accessed May 8, 2011, http://law.onecle.com/north-carolina/5a-contempt/index.html. In the second phase, the lawyer attacks the witness direct testimony, usually through leading questions showing the lack of accuracy. Statements consistent with the statement the witness is making in court, 2. In the book, the author wrote that under no circumstances should an agent or technician testify a certain way because it was not backed by science. Marcus has most likely committed perjury in this example. The first common-law prohibition against witness perjury criminalized false testimony, given under oath, in a judicial proceeding, about a material issue. So its useful to determine which idea you want to highlight: that the witness is untrustworthy, or that a particular fact is true. Most perjury statutes require proof that a person acted with knowledge of the falsity of the statement. Even under oath, if the witness lies concerning an immaterial subject that is irrelevant to the proceeding, it's not classified as perjury. (1) Except as provided in subsection (2), whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony of the third degree, punishable as provided . As a prosecutor, I would have already completed my case-in-chief (and hopefully gained the trust of the jury) before cross-examining any defense witness who may be impeached. Marcus made a false statement, under a validly administered oath, in a judicial proceeding, with knowledge of its falsity. Perhaps, for example, a person made a false statement to law enforcement while not subject to an oath or penalty. Cons: Anything buried in the middle risks becoming forgettable. 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. Penal Law 295.10, 2011), giving false evidence (720 ILCS 5/31-4, 2011), hiding or concealing oneself and refusing to give evidence (720 ILCS 5/31-4, 2011), tampering with evidence (Or. In the face of mounting evidence that she had used PEDs, Jones pleaded guilty to two charges of perjury in 2007 and admitted that she had used the designer steroid The Clear. N.Y. Because this is a very important issue of the criminal case, Bob has committed perjury, whether his lie is in favor or against the defendant. The false statements always form a part of perjury as you are taking the oath of telling the truth despite authenticating a lie in front of the jury. Stat. Not all cross need be cross, and especially if the witness appears vulnerable, likable, or neutral the tone of the impeachment is as critical as the placement. As a general rule, I would propose that on cross-examination, you should always start with testimony that is helpful to your side of the case. 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. If the witness is lying, what is the motivation to lie? For example, even though a literal application of the Rule would suggest that any prior inconsistent statement is admissible as substantive evidence so long as it is one of the three enumerated types under oath, tape recorded, or signed that may not necessarily be so. Stat. In many states and under the Model Penal Code, it is no defense to bribery that the individual bribed does not have the authority to act or make the decision that is the subject of the bribe (Model Penal Code 240.1) (Ala. Code 13A-10-61, 2011). Marcus is a witness in a civil suit for damages against Lindsay. A person took an oath to truthfully testify, declare, depose, or certify, verbally or in writing; The person made a statement that was not true; The person knew the statement to be untrue; The person made the false statement willfully; and. 575.040(3), 2011). Every plot must be elaborated to its closing. 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. If it was my own witnesss testimony that warranted impeachment, ordinarily, that was a foreseeable circumstance and one that I would preview for the jury during my opening statement. Ortiz, J. L., Verdict in: Bonds Found Guilty, but Case Not Closed Yet, USA TODAY website, accessed May 8, 2011, http://www.usatoday.com/sports/baseball/2011-04-13-verdict-barry-bonds-guilty_N.htm. . Youve minimized risk by locking in your must-have questions. There are also inconsistent statements you can count on. 14-210, 2011). In other words, the impeachment did not work because the attorney focused on the impeachment, instead of focusing on the theory of his case. Identify the statements you believe to be perjury. 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. The Model Penal Code has a similar provision (Model Penal Code 241.1(5)). The lesson here is that sticking to telling your clients story first must be the first thing on your mind whenever you decide to cross and consider an impeachment. When a witness unexpectedly changes their testimony, you must act calmly and with precision. 13-2807, 2011). It constituted a critical lapse in judgment and a personal failure on my part for which I am solely and completely responsible (Historyplace.com, 2011). Define perjury by inconsistent statements and subornation of perjury. Associate Director of the Center for Advocacy and Dispute Resolution When the Macys attorney asks Marcus what he was doing at Macys, Marcus responds that he was buying some jewelry as a gift for his wife. Examples of inconsistent statement Marcus's jurisdiction criminalizes perjury by inconsistent statements, Marcus could most likely be prosecuted for this offense. Penal Law 200.00, 2011; N.Y. Add to this example and assume that the judge graciously accepts Isabels gift and thereafter rules in her favor, acquitting her of perjury. After a trial in the Senate, he was acquitted of both counts and thereafter served out his term as president (Historyplace.com, 2011). The crime of perjury is committed by any person who shall knowingly make untruthful statements or make an affidavit, upon any material matter and required by law. Is the prior inconsistent statement on a pertinent matter or a collateral matter? Instead, the jury was on the edge of their seats. While you cant plan for this unexpected impeachment, you can be ready. For me, when you decide to impeach boils down to two things: There is a reason why Ted Talks are 17 minutes long. 13-2807, accessed May 7, 2011, http://law.onecle.com/arizona/criminal-code/13-2807.html. Deposition excerpts, Jones v. Clinton deposition, Historyplace.com website, accessed May 9, 2011, http://www.historyplace.com/unitedstates/impeachments/jones-deposition.htm. 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. Thus all the elements of perjury appear to be present, and Marcus may be subject to prosecution for and conviction of this offense. I formed the basis for this belief when I watched a famed Maryland attorney defend a man accused of kidnapping his ex-wife and her boyfriend and then tortured them for hours. That being said, I rarely begin a cross examination with an impeachment. Cal. When an inconsistent statement is elicited on cross-examination, I recommend impeaching the witness right then and there. But, of course, there is no one size fits all solution. New page type Book TopicInteractive Learning Content, Textbooks for Primary Schools (English Language), Textbooks for Secondary Schools (English Language), Perjury, Bribery, and Obstruction of Justice, Creative Commons-NonCommercial-ShareAlike 4.0 International License, The Difference between Civil and Criminal Law, Characteristics of a Criminal Prosecution, Applicability of the Constitution in a Criminal Prosecution, Examples of Victimless and Harmless Crimes, Example of a Courts Refusal to Create a Common-Law Crime, Rules of Stare Decisis and Use of Precedent, Example of Stare Decisis and Use of Precedent, LAW AND ETHICS : THE ARIZONA IMMIGRATION LAW, Examples of Legislative Branch Checks and Balances, Examples of Executive Branch Checks and Balances, Example of Original and Appellate Jurisdiction, Burden of Proof in a Criminal Prosecution, Example of a Failure to Meet the Burden of Proof, The Legislative Branchs Prohibited Powers, Example of an Ex Post Facto Law Punishing Behavior Retroactively, Example of an Ex Post Facto Law Increasing Punishment Retroactively, Example of an Ex Post Facto Law Increasing the Possibility of Conviction Retroactively, Changes That Benefit a Defendant Retroactively, Ex Post Facto Applies Only to Criminal Laws, The Due Process and Equal Protection Clauses, Example of a Statute That Is Void for Vagueness, Exceptions to the First Amendments Protection of Free Speech, Example of an Unconstitutional Fighting Words Statute, Example of an Unconstitutional Incitement to Riot Statute, Example of an Unconstitutional Statute Prohibiting Cross Burning, Example of a Constitutional Statute Prohibiting Cross Burning, The Constitutional Amendments Protecting Privacy, Example of an Appropriate Restriction on Firearms, Synopsis of the History of Capital Punishment, Examples of Capital Punishment That Is Disproportionate to the Crime, Examples of Capital Punishment That Are Disproportionate to the Criminal Defendant, Example of Capital Punishment That Is Inhumane and Disproportionate to the Crime and the Criminal Defendant, Disproportionate Punishment Pursuant to Three-Strikes Laws, Sentencing that Violates the Right to a Jury Trial, The Role of the Judge and Jury in Sentencing Fact-Finding, Example of an Unconstitutional Sentence Enhancement, Answers to You Be the Legislative Analyst, Example of a Crime That Has Only Three Elements, Example of an Involuntary and Noncriminal Act, Example of a Voluntary Act Followed by a Nonvoluntary Act, Example of a Constitutional Statute Related to Status, Duty to Act Based on a Special Relationship, Example of a Failure to Act That Is Noncriminal, Example of a Failure to Act That Is Criminal, Example of an Unenforceable Possession Statute, Example of Specific Intent to Bring about a Bad Result, Example of Specific Intent to Do More than the Criminal Act, Example of a General Intent Crime and an Inference of Intent, Example of a Crime That Requires More Than One Criminal Intent, Example of a Situation Lacking Concurrence, Example of an Intervening Superseding Cause, Definition of Denial or Failure of Proof and Affirmative Defenses, Definition of Imperfect and Perfect Defenses, Example of Imperfect and Perfect Defenses, Example of an Attack That Is Not Imminent, Example of an Imminent Attack under the Battered Wife Defense, Objectively Reasonable Fear of Injury or Death, Example of Defense of Habitation under a Castle Law, Use of Force in Arrest and Apprehension of Criminal Suspects, Example of Reasonable Force by Law Enforcement to Arrest, Situations Where Consent Can Operate as a Defense, Example of a Case Inappropriate for the MNaghten Insanity Defense, Example of a Case Appropriate for the MNaghten Insanity Defense, Example of a Case Inappropriate for the Irresistible Impulse Insanity Defense, LAW AND ETHICS : THE ELIZABETH SMART CASE, Infancy, Intoxication, Ignorance, and Mistake, Example of a Case That Is Inappropriate for the Mistake of Law Defense, Example of a Case That Is Inappropriate for the Mistake of Fact Defense, The Natural and Probable Consequences Doctrine, Example of the Natural and Probable Consequences Doctrine, Prosecution of an Accomplice When the Principal Is Not Prosecuted or Is Acquitted, Example of Prosecution of an Accomplice When the Principal Is Not Prosecuted. If so, is the witness lying about everything or just some things? A solid win for the defense based on the facts. Stat. (a) When a person charged with perjury or false swearing has made inconsistent material statements under oath and affecting the same matter or transaction, all the several inconsistent material statements may be charged in different counts of the same indictment or information. On May 6, 1994, Paula Jones filed a civil lawsuit for sexual harassment against then-president Bill Clinton. Ann. The O.J. Identify the issues commonly encountered in a perjury prosecution. In order to make the decision, keep in mind an important guideline for effective storytelling. Even if the testimony being impeached was not at the climax of the direct or was not especially devastating, the cross should start with the impeachment if the witness is likely to be uncooperative and a tight, controlling attack is needed to rein them in early. Penal Code 85, 2011; Cal. False . 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