Perjury

PERJURY IS INTENTIONALLY lying under oath at an official court proceeding. The false statement could occur in testimony in court, depositions, diverse[Page 604] administrative hearings as well as in written legal documents such as affidavits, deeds, license applications, and tax returns. In societies as diverse as ancient Greece and Rome, the Ashanti in Africa, Native American tribes, early modern England and contemporary Europe and North America, perjury has been considered one of the most despicable of crimes since it involves a brash moral wrongdoing. Usually oaths are sworn in relation to God; breaking such an oath is seen as an offense against God. Moreover, it is regarded as an act of disobedience against the government not unlike tax evasion, contempt, and bribery. It was brought to the public spotlight in the mid-1970s when a number of officials in the Richard M. Nixon administration, such as H. R. Haldeman, John Erlichman, and John Mitchell, became household names for perjuring themselves in relation to covering-up illegal breakins and surveillance of the Democratic Party. Recent public opinion surveys reveal that it is still considered a particularly odious crime.

Nevertheless, in the modern era convictions for perjury have been extremely rare. A common refrain in the legal community is that perjury is widespread, but is rarely prosecuted. It is particularly difficult to prove since it requires substantial evidence to demonstrate that a statement is false, that it was made intentionally, and that it is relevant to the case. Common defenses by those charged with the crime often center on the argument that they were simply mistaken or confused. Perjury has been frequently associated with serious criminal cases in which witnesses lie on the witness stand. In civil law, perjury has been found largely among corporate and white-collar offenders involved in fraud and illegal financial practices. Due to the complexity of proving perjury, it has been acknowledged that it is quite possible to openly deceive and mislead as long as what you swear is literally true.