NCJ Number
214589
Journal
American Criminal Law Review Volume: 43 Issue: 2 Dated: Spring 2006 Pages: 799-823
Date Published
2006
Length
25 pages
Annotation
This overview of Sections 1621, 1622, and 1623 of Title 18 of the U.S. Code pertains to Federal statutes intended to deter and punish false testimony (perjury) given under oath in a Federal forum statutorily authorized to administer such an oath.
Abstract
Section 1621, which is the broadest of the three Federal perjury statues, applies to all material statements or information provided under oath to "a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered" and has withstood constitutional challenges for vagueness. Section 1623 was enacted to "facilitate perjury prosecutions and thereby enhance the reliability of testimony before Federal courts and grand juries." The statute applies only to statements or information provided under oath "in any proceeding before or ancillary to any court or grand jury of the United States. Section 1622 prohibits convincing another individual to commit "any perjury," whether under Section 1621 or Section 1623, although the elements the government must prove will vary depending on whether Section 1621 or Section 1623 is involved in the prosecution. To be convicted of an offense under Section 1622, the witness influenced to commit perjury must have actually done so. One section of the article reviews likely defenses against charges brought under Sections 1621, 1622, and 1623. Defendants charged under Section 1622 rely primarily on the defense that the testimony at issue was not false. Defenses to charges brought under sections 1621 and 1623 are similar. They pertain to correction of the false statements, failed assistance of counsel, double jeopardy when it involves defendant testimony, the "perjury trap," and issues related to immunity granted the defendant. The article concludes with an overview of sentencing under Sections 1621, 1622, and 1623. 159 footnotes