NCJ Number
16223
Date Published
1973
Length
67 pages
Annotation
REPORT WHICH EXAMINES THE LACK OF PROSECUTION OF PERJURY OFFENSES, REMEDIES FOR THE VICTIMS OF PERJURY, THE NATURE OF THE WITNESS' OATH, AND THE RESPONSIBILITY OF LAWYERS FOR THE EVIDENCE GIVEN BY THEIR WITNESSES.
Abstract
A BRIEF HISTORICAL BACKGROUND IS GIVEN ON THE QUESTION OF PERJURY. THE SUBSTANTIVE LAW GOVERNING PERJURY IS EXAMINED, INCLUDING THE ISSUES OF MATERIALITY, MENS REA, CORROBATION, AND THE SELF-CONTRADICTING WITNESS. SPECIAL PROBLEMS RELATING TO PERJURY - PERJURY BY OMISSION, DURESS, CORPORATE LIABILITY - ARE ALSO DISCUSSED. A CONSIDERATION OF HOW TO PREVENT AND DISCOURAGE PERJURY CENTERS ON MAKING CHANGES IN THE WORDING AND USE OF THE OATH AND INCREASING PROSECUTIONS FOR KNOWN OFFENSES. SUGGESTED REMEDIES INCLUDE GIVING CONVICTED PERSONS, WHO WERE VICTIMS OF PERJURY, A GUARANTEED RIGHT OF APPEAL OR TO DEMAND A NEW TRIAL AND TO HAVE LEGAL AID MADE AVAILABLE. ALSO PROPOSED IS THAT THE VICTIM OF PERJURY HAVE THE RIGHT TO DAMAGES OR COMPENSATION FOR INJURIES SUFFERED. THE APPENDIX CONTAINS A DRAFT PERJURY AMENDMENT BILL AND A DRAFT CLAUSE DEALING WITH AFFIDAVITS DEPOSED TO ON INFORMATION AND BELIEF.