Penalty For Perjury
When a person makes a false statement while he/she is under oath, it is considered to be perjury. The penalty for perjury varies based on the jurisdiction, as each has its own laws to punish perjury. Also, it has been seen that most jurisdictions do not take legal action against a person for perjury. |
Usually, penalty for perjury involves paying a fine, serving jail sentence or both. The fine amount and the duration of the jail sentence is decided by the court. The person could be incarcerated for a minimum of 1 year to a maximum of 5 years. In some jurisdiction, the jail time could also be 10 years for each count of perjury. It all depends on how many counts of perjury the person has committed. For instance, if the person has committed 4 counts of perjury and the mandatory penalty is 1 year in prison, the person would get a jail time of four years.
The penalty for perjury is decided by the court. So, there could be instances when the court decides not to mete out the punishment even though the person has perjured.
When it comes to handing out penalty for perjury, the court has to take several things into consideration. The statement that the person gave should be under oath and directly relevant to a court case. For instance, if a woman swears while on the stand that she is 4 years younger than her actual age, it is not considered as perjury. However, if the same women claims that she saw the defendant at a particular time when a specified crime was committed and this testimony turns out to be false, she can be liable for perjury if the court decides that her false statement had an effect on the outcome of the case.
At times, even a lawyer can get a witness to perjure. If the lawyer knowing allows a witness to commit perjury in court, the lawyer will be penalized for it. The lawyer will not only face incarceration and fine, he/she may even be disbarred. Hence, if a lawyer knows that his/her client was involved in a particular crime, they advise the crime to reveal as little as possible pertaining to the crime. This way the lawyer is unaware whether the client is committing perjury or not and hence, the lawyer cannot be held responsible for it.
Regardless, a person, who has taken an oath, should refrain from perjury under all circumstances. It is unlawful and is a federal offense. If the person is found guilty, he/she will have to face the punishment handed out by the court.
More Articles :
 |