NCJ Number
43061
Journal
Virginia Law Review Volume: 63 Issue: 3 Dated: (APRIL 1977) Pages: 451-473
Date Published
1977
Length
23 pages
Annotation
RESOLUTION OF THOS ISSUE REQUIRES A BALANCE OF COMPETING SOCIAL AND INDIVIDUAL INTERESTS, A SUBJECTIVE JUDMENTS THAT HAS RESULTED IN WIDELY DIVERGENT OPINIONS CONCERNING THE PROPER SCOPE OF CRIMINAL LIABILITY IN THIS AREA.
Abstract
THE FEDERAL FALSE STATEMENT STATUTE , SECTION 1001, IS VERY BROAD, BUT COURTS, CONSTRUING IT HAVE NOT AGREED ABOUT ITS APPLICATION IN A VARIETY OF CONTEXTS INVOLVING UNSWORN FALSIFICATIONS TO LAW ENFORCEMENTS OFFICIALS. JUDICIAL SENSITIVITY TO POTENTIAL OVERCRIMINALIZATION HAS BEEN ARTICULATED MOST FREQUENTLY IN TERMS OF THREE POLICY CONSIDERATIONS: DISPARITIES IN GRADING BETWEEN SECTION 1001 AND THE FEDERAL PERJURY STATUTE, CONCERNS ABOUT THE AVILABILITY OR UNAVAILABILITY OF PROCEDURAL SAFEGUARDS, AND ANXIETY THAT BROAD CRIMINALIAZATION OF FALSE STATEMENTS MIGHT THWART THE GOVERNMENT'S INTERST IN ACCESS TO RELIABLE INFORMATION BY CHILLING THE FREE FLOW OF INFORMATION BETWEEN PRIVATE CITZENS AND GOVERNMENTAL AGENCIES RESPONDING TO THESE POLICY CONSIDERATIONS, THE COURTS HAVE DEVELOPED CERTAIN CLASSIFICATION TECHNIQUES TO RESTRICT THE SCOPE OF SECTION 1001. THEY HAVE INTERPRETED NARROWLY THE TERM JURISDICTION; AND HAVE EXEMPTED ORAL, VOLUNTEERED, OR EXCULPATORY STATEMENTS FROM THE SCOPE OF THE STATUTE. TWO RECENT LEGISLTIVE PROPOSALS THE FINAL REPORT AND S.1, REFLECT DISPARATE VIEWS ABOUT THE PROPER BALANCE BETWEEN THE SOCIAL AND INDIVIDUAL INTERESTS IMPLICATED IN THE CRIMINALIZATION OF FALSE STATEMENTS. THE FINAL REPORT'S GENERAL FALSE STATEMENT PROVISION SAFEGUARDS INDIVIDUAL INTERESTS BY LIMITING LIABILITY FOR UNSWORN FALSIFICATIONS TO WRITTEN STATEMENTS MADE OUTSIDE THE CONTEXT OF A CRIMINAL INVESTIGATION. MOREOVER, PROSCRIBES EVEN ORAL FALSIFICATIONS WHEN THE CIRCUMSTANCES ARE PARTICULRLY EGREGIOUS AND THE GOVERNMENT'S RELIANCE INTEREST IS STRONG. S. 1 SECTION 1343 EFFECTIVELY ENDORSES THE BROADEST IMPLICATIONS OF THE CURRENT STATUTE, A REMARKABLE SUBVERSION OF THE INTERESTS OF INDIVIDUAL DEFENDANTS IN THE NAME OF DETERRING THE TRANSMISSION OF MISINFORMATION TO THE GOVERNMENT. (AUTHOR ABSTRACT)...ELW