NCJ Number
231924
Journal
American Criminal Law Review Volume: 47 Issue: 2 Dated: Spring 2010 Pages: 889-914
Date Published
2010
Length
26 pages
Annotation
In presenting an overview of Federal law regarding perjury, this article addresses elements of the offense, advisory sentencing under the U.S. Sentencing Guidelines, and possible defenses.
Abstract
The Federal law that encompasses perjury is in sections 1621, 1622, and 1623 of 18 U.S.C. Section 1621, the broadest of the three Federal perjury statutes, 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." Section 1621 has withstood constitutional challenges for vagueness and has been applied in a variety of situations that fall under the broad purview of the statute. Congress enacted section 1623 in order to "facilitate perjury prosecutions and thereby enhance the reliability of testimony before Federal courts and grand juries." The statute applies only regarding 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 person to commit "any perjury," whether under the requirements of section 1621 or 1623. The elements the prosecution must prove must correlate with whether section 1621 or section 1623 underlies the section 1622 prosecution. After noting that the U.S. Supreme Court has held that the U.S. Sentencing Guidelines are advisory only rather than mandatory, this article explains the recommendations of the guidelines for convictions under sections 1621, 1622, and 1623. The article also outlines defenses available to defendants under sections 1621 and 1623. The defenses to both sections are similar and pertain to recantation, whether inadequacy of counsel may bar prosecution for perjury, double jeopardy arguments, the "perjury trap," and fifth amendment considerations. 172 notes