Perjury

Put simply, perjury is the crime of lying under oath. Although in common law it was considered a misdemeanor, today perjury is usually classified as a felony under both state and federal statutes. Government bodies at all levels depend on the truthfulness of sworn testimony for decision making and proper functioning. By undermining the integrity of these governmental processes, perjury constitutes a serious offence against the state. Subordination of perjury, a related offense, occurs when one person convinces another to commit perjury.

To secure a conviction for perjury, a prosecutor must show that the defendant knowingly made a false statement of material fact while under oath. A person who gives untruthful testimony because of confusion or poor memory does not have the willful intent necessary for perjury. Furthermore, statements are considered “material” only if they could have affected the proceeding's outcome. For example, a witness to a traffic accident who lies about his or her annual income has probably not committed perjury because the false testimony does not pertain directly to an element of the offense. However, a defendant charged with federal income tax evasion would be guilty of perjury for giving the same false statement regarding his or her yearly earnings.

Although the law prohibits all citizens from committing perjury, public relations practitioners in particular must be scrupulously honest when engaged in lobbying activities or when otherwise testifying before government entities. As a criminal offense, perjury carries serious legal consequences. Perjury is also unethical under the Public Relations Society of America's Member Code of Ethics as adopted in 2000, which counsels practitioners not only to “adhere to the highest standards of accuracy and truth,” but also to “maintain the integrity of relationships with…government officials” (2003, p. B16).

Alger Hiss's two perjury trials (1949 and 1950) are still considered among a handful of United States “trials of the century.” Hiss, a seasoned government official whose professional experience ranged from secretary to Supreme Court justice Oliver Wendell Holmes and attorney with the New Deal to aiding the formation of the United Nations and serving as president of the Carnegie Endowment for International Peace, was charged by magazine editor and former Communist Party member Whittaker Chambers with supplying government documents to the Russians in the 1930s. Hiss denied the charges, and though the statute of limitations didn't allow for espionage charges to be filed, he was indicted on two counts of perjury in December 1948. A hung jury in 1949 forced a second trial in 1950, in which Hiss was found guilty and sentenced to a 5-year prison term. Although Hiss maintained his innocence until his death in 1996, Soviet files made public that same year provided evidence of Hiss's guilt, but controversy lingers.

Lobbyists found guilty of perjury have tarnished the profession's reputation. For example, public relations practitioner Michael K. Deaver, a former top White House aide to President Reagan, was convicted of perjury in 1988. After leaving government service in 1985, Deaver started a lobbying firm whose clients included foreign governments and major corporations. Within a year of his departure from the White House, Deaver was found guilty of lying to a federal grand jury and a congressional subcommittee about his contacts with Reagan [Page 612]administration officials on his clients' behalf, in violation of the Federal Ethics in Government Act. Although Deaver faced a possible 15-year prison term, the court sentenced him to 3 years' probation and ordered him to pay a $100,000 fine and perform 1,500 hours of community service.

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