wfz@whuxl.UUCP (ZUCKER) (03/22/86)
If an individual swears "to tell the truth, the whole truth and nothing but..." and then proceeds to perjure him/herself, what are the legal implications if that individual claimed they weren't telling the truth when they swore to tell the truth? Just curious.
steve@bambi.UUCP (Steve Miller) (03/23/86)
> If an individual swears "to tell the truth, the whole truth and > nothing but..." and then proceeds to perjure him/herself, what > are the legal implications if that individual claimed they > weren't telling the truth when they swore to tell the truth? > Just curious. Jack Moore (still a New Jersey criminal attorney) says: Practically, the jury would be instructed on the definition of perjury and would disregard this defense. In an ideal court, he might be found not guilty of perjury, but subsequently cited for contempt. The interesting question then becomes: Can his courtroom admission that he lied to the judge when swearing to tell the truth be used against him absent warnings that he might be incriminating himself? Though the substance and the gravity of the perjured testimony would be a factor in determining punishment, it is very likely that the contempt citation would carry a more severe punishment. -Steve Miller ihnp4!bambi!steve
mpr@mb2c.UUCP (Mark Reina) (03/24/86)
> If an individual swears "to tell the truth, the whole truth and > nothing but..." and then proceeds to perjure him/herself, what > are the legal implications if that individual claimed they > weren't telling the truth when they swore to tell the truth? > Just curious. This is the crime of Perjury. It is punishable with a prison term of five years or more.
tenney@well.UUCP (Glenn S. Tenney) (03/26/86)
This has made me a bit curious too...
What would happen if when asked to swear to tell the truth
the witness says NO? How can they FORCE you to swear to
something? It can't (can it) be perjury to lie if you've
started out by saying you won't tell the turth.
-- Glenn Tenney
UUCP: {hplabs,glacier,lll-crg,ihnp4!ptsfa}!well!tenney
ARPA: well!tenney@LLL-CRG.ARPA Delphi and MCI Mail: TENNEY
As Alphonso Bodoya would say... (tnx boulton)
Disclaimers? DISCLAIMERS!? I don' gotta show you no stinking DISCLAIMERS!desj@brahms.BERKELEY.EDU (David desJardins) (03/29/86)
In article <842@well.UUCP> tenney@well.UUCP (Glenn S. Tenney) writes: >This has made me a bit curious too... >What would happen if when asked to swear to tell the truth >the witness says NO? How can they FORCE you to swear to >something? There is this little thing called "contempt of court," which means that they lock you up until you do testify. -- David desJardins