NCJ Number
64761
Journal
George Washington Law Review Volume: 47 Issue: 3 Dated: (MARCH 1979) Pages: 573-595
Date Published
1979
Length
23 pages
Annotation
THE PROPOSED CRIMINAL CODE REFORM BILL, S. 1437, WOULD SUBSTANTIALLY MODIFY THE PRESENT FEDERAL LAW GOVERNING THE CRIMES OF PERJURY AND FALSE STATEMENTS; THE IMPACT OF SUCH A PROVISION IS CONSIDERED.
Abstract
THE STATED PURPOSE OF THE REVISIONS IS TO ELIMINATE THE AMBIGUITIES AND INCONSISTENCIES OF CURRENT LAW. THE IMPLICIT PURPOSE IS TO FACILITATE THE SUCCESSFUL PROSECUTION OF PERJURY AND FALSE STATEMENT CHARGES. ALTHOUGH MANY OF THE CHANGES WOULD ACHIEVE THE AVOWED PURPOSE, THEY SHOULD BE REJECTED BECAUSE OF ADVERSE EFFECTS. FIRST, SECTION 1341 OF THE PROPOSED BILL WOULD EXPAND THE CURRENT PERJURY PROVISIONS OF 18 U.S.C. SECTION 1623 BEYOND THEIR ORIGINAL RATIONALE TO INCLUDE ALL STATEMENTS MADE UNDER OATH. IN ADDITION, SECTION 1341 WOULD ELIMINATE THE TWO WITNESS RULE TO ESTABLISH GUILT REGARDING THE FALSITY OF A STATEMENT. ABANDONMENT OF THE RULE WOULD SACRIFICE THE PROTECTION OF WITNESSES FROM RETALIATORY PROSECUTIONS. THE TWO WITNESS RULE MINIMIZES THE FEAR OF HARASSMENT AND ENCOURAGES THE COOPERATION OF WITNESSES AGAINST PROSECUTIONS BASED SOLELY ON THE OATH OF THE ACCUSER. THE PROPOSAL WOULD ALSO MODIFY THE ELEMENTS OF PROOF FOR THE PROSECUTION OF WITNESSES WHO HAVE MADE INCONSISTENT STATEMENTS. SECOND, SECTION 1345 DRASTICALLY CHANGES RECANTATION PROVISIONS BY CONDITIONING THE OPPORTUNITY TO RECANT ON THE SATISFACTION OF TWO REQUIREMENTS. BY LIMITING THE DEFENSE IN THIS MANNER, SECTION 1345 WOULD REDUCE THE POSSIBILITY OF ABUSE AND MAINTAIN THE INTEGRITY OF THE JUDICIAL PROCEEDING. FINALLY, THE PROPOSED DECISION TO TOTALLY ELIMINATE THE EXCULPATORY NO DEFENSE SHOULD BE RECONSIDERED; THIS DEFENSE SHOULD BE RECOGNIZED ONLY IN SITUATIONS IN WHICH THE STATEMENT PERVERTS NO GOVERNMENTAL FUNCTION. FOOTNOTES ARE INCLUDED. (LWM)