Subornation of perjury
Encyclopedia
The legal term subornation of perjury describes the crime
of persuading a person to commit perjury
; and also describes the circumstance wherein an attorney causes or allows another party to lie. In American federal law, Title 18 of the United States Code § 1622, defines Subornation of Perjury as a crime wherein: “Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined $2,000 and sentenced to up to five years. 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.” The condition of suborning perjury applies to an attorney at law
who presents testimony
(or an affidavit
), either to judge
or to a jury
, that the attorney knows to be materially
false, and not factual. In civil law
and in criminal law
, the attorney’s knowledge that the testimony is materially false must rise above mere suspicion
to what an attorney would reasonably have believed in the circumstances of the matter discussed in the testimony. Hence, the attorney cannot be wilfully blind
to the fact that his or her witness is giving false, perjurious testimony.
Moreover, an attorney who actively encourages a witness to give false testimony is suborning perjury
, which is a crime punished with formal disciplinary action, disbarment
, or jail. Likewise, a false statement by an attorney in court also is a crime similar to subornation of perjury, and is punished accordingly. Hence, in the professional conduct of an attorney at law, there is a fine delineation between assisting a witness to recall occurred events and encouraging him or her to give materially false testimony. The practice of “horse shedding the witness” (rehearsing testimony) is an example of such perjurious criminal conduct, which is depicted in the true-crime novel Anatomy of a Murder
(1958), by Robert Traver
, and the eponymous film (Otto Preminger, 1959), about a rape-and-murder case wherein are explored the ethical
and legal problems inherent to the subornation of perjury.
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
of persuading a person to commit perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
; and also describes the circumstance wherein an attorney causes or allows another party to lie. In American federal law, Title 18 of the United States Code § 1622, defines Subornation of Perjury as a crime wherein: “Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined $2,000 and sentenced to up to five years. 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.” The condition of suborning perjury applies to an attorney at law
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
who presents testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
(or an affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
), either to judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
or to a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, that the attorney knows to be materially
Materiality (law)
Materiality is a legal term which can have different meanings, depending on context. When speaking of facts, the term generally means a fact which is "significant to the issue or matter at hand".-In the law of evidence:...
false, and not factual. In civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and in criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, the attorney’s knowledge that the testimony is materially false must rise above mere suspicion
Suspicion
Suspicion may refer to:*Suspicion , a feeling of distrust or perceived guilt for someone or something-Music:* "Suspicion" , recorded by Elvis Presley and Terry Stafford* "Suspicion" , a song by R.E.M....
to what an attorney would reasonably have believed in the circumstances of the matter discussed in the testimony. Hence, the attorney cannot be wilfully blind
Willful blindness
Willful blindness is a term used in law to when an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts which would render him liable.For example, in a number of cases,...
to the fact that his or her witness is giving false, perjurious testimony.
Moreover, an attorney who actively encourages a witness to give false testimony is suborning perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
, which is a crime punished with formal disciplinary action, disbarment
Disbarment
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law...
, or jail. Likewise, a false statement by an attorney in court also is a crime similar to subornation of perjury, and is punished accordingly. Hence, in the professional conduct of an attorney at law, there is a fine delineation between assisting a witness to recall occurred events and encouraging him or her to give materially false testimony. The practice of “horse shedding the witness” (rehearsing testimony) is an example of such perjurious criminal conduct, which is depicted in the true-crime novel Anatomy of a Murder
Anatomy of a Murder
Anatomy of a Murder is a 1959 American courtroom crime drama film. It was directed by Otto Preminger and adapted by Wendell Mayes from the best-selling novel of the same name written by Michigan Supreme Court Justice John D. Voelker under the pen name Robert Traver...
(1958), by Robert Traver
John D. Voelker
John D. Voelker , better known by his pen name Robert Traver, was an attorney, judge, and writer. He is best known as the author of the novel, Anatomy of a Murder published in 1958...
, and the eponymous film (Otto Preminger, 1959), about a rape-and-murder case wherein are explored the ethical
Legal ethics
Legal ethics encompasses an ethical code governing the conduct of persons engaged in the practice of law and persons more generally in the legal sector.-In the United States:...
and legal problems inherent to the subornation of perjury.