Penal Code 129, 2011). Note that Bondss obstruction of justice charge of evading the question and refusing to give evidence appears easier to prove than the perjury charges, which have a daunting criminal intent requirement, as discussed in Section 13 Perjury Criminal Intent. Some typical examples of obstruction of justice are as follows: giving false identification to a law enforcement officer, impersonating a law enforcement officer, refusing to aid a law enforcement officer when requested, giving false evidence, hiding or concealing oneself and refusing to give evidence, tampering with evidence, and tampering with a witness or juror. Associate Director of the Center for Advocacy and Dispute Resolution Aggravated perjury is a third-degree felony, which is punishable by 2 to 10 years in prison and a $10,000 fine. Rev. Is the prior inconsistent statement on a pertinent matter or a collateral matter? 5901, accessed May 5, 2011, http://law.onecle.com/pennsylvania/judiciary-and-judicial-procedure/00.059.001.000.html. Or now?), ending on the impeachment can help further the goals of cross. The Model Penal Code defines materiality as a statement that could have affected the course or outcome of the proceeding and declares that materiality should be a question of law, which means it should be determined by a judge, not a jury (Model Penal Code 241.1(2)). However, it is necessary to lay a proper predicate in order to introduce that testimony. (Code Civ. The obstruction of justice conviction resulted from Bondss evasive answer to the question of whether his personal trainer had ever injected him with steroids (Macur, J., 2011). Stat. 2.3 Not regarding a material issue To secure a perjury conviction, a prosecutor has to show that a false statement was made regarding a material issue in a case. Many jurisdictions provide a defense to perjury if the defendant retracts his or her false statement in the course of the same proceeding in which it was made before it becomes manifest that the falsification will be exposed (Ala. Code 13A-10-107, 2011). Code of Criminal Procedure, 38.18, accessed May 5, 2011, http://law.onecle.com/texas/criminal-procedure/38.18.00.html. 18 Pa. Cons. Review the example with Marcus in Section 13 Example of Perjury. One last point, an essential one, is the matter of tone. The Supreme Court has held that materiality is a question of fact for the jury. As a general rule, I would propose that on cross-examination, you should always start with testimony that is helpful to your side of the case. 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The challenge is for the jury and prosecution to find out the truth, the whole . The considerate I just need to clear one thing up approach will temper the impeachment but likely secure the desired answer. Most state laws have similar provisions, but judges typically have the discretion to use . When this occurs, the prosecutor can attempt to prove that the two statements are inconsistent, and both cannot be true. Penal Code 88, accessed May 7, 2011, http://law.onecle.com/california/penal/88.html. The defense opening was that the case was about love. 5104, 2011), and escape (Tex. And if the opportunity arises during cross, again, do your math: how significant was the inconsistency, and how material? The prior statement was given under oath in a procedure under penalty of perjury (trial, hearing deposition etc.) Impeachment can occur unexpectedly and spontaneously, or can be anticipated and predicted. Although the Jones lawsuit was dismissed, the president was evasive when asked questions regarding the Lewinsky affair during a grand jury investigation instigated by Prosecutor and former Solicitor General Kenneth Starr. As trial lawyers, we constantly assess the temperature of the room. Significant inconsistent: include only the inconsistent portion be introduced Silence does not count as inconsistency A . (18 U.S.C. Wong, 431 U.S. 174, 180 (1977) (recognizing that perjury is never a protected option). Penal Law 200.00, accessed May 6, 2011, http://law.onecle.com/new-york/penal/PEN0200.00_200.00.html. Director of Advocacy Programs and Lecturer. When the intent requirement is general intent or knowledge that the statement is false, proof that the statement is false could give rise to an inference of intent (State v. Kimber, 2011). As another example, if a defendant employer testified that he cared a great deal about employee safety, but he had previously made had contradictory statements, I would start the cross there. 14-210, accessed May 6, 2011, http://law.onecle.com/north-carolina/14-criminal-law/14-210.html. That being said, lets assume that the fact that the Plaintiff testified to during direct-examination that the light was green when he went through it is not a material fact, and that you do not intend on including it as part of your cross-examination. If so, is the witness lying about everything or just some things? Identify the issues commonly encountered in a perjury prosecution. ], Director of A. Barry Cappello Program in Trial Advocacy, The best place for impeachment by prior inconsistent statement depends on your primary purpose. Fla. Stat. Finally, At early common law, bribery was the receiving or offering any undue reward by or to any person in a public office in order to influence his or her behavior in office and induce him or her to act contrary to the known rules of honesty and integrity (Legal definition of bribery, 2011). Clinton: I did not have sexual relations with that woman. Sometimes you cant plan for impeachment lighting strikes and out of the blue a witness testifies to something different than a prior statement. Johnson v. United States, 520 U.S. 461, 465-66 (1997) (discussing materiality of false statements in context of perjury). Atlantas John Marshall Law School. The most difficult bribery element to prove beyond a reasonable doubt is the criminal intent element of specific intent or purposely or general intent or knowingly to enter into an agreement that influences the bribed individuals decision. In many states and under the Model Penal Code, it is no defense to bribery that the individual bribed does not have the authority to act or make the decision that is the subject of the bribe (Model Penal Code 240.1) (Ala. Code 13A-10-61, 2011). Once you decide that, its easier to find the right sequence for the impeachment. The perjury charges support the obstruction of justice charge, so the defense asked for a court dismissal of the obstruction of justice conviction in order to clear the way for an appeal (Ortiz, J. L., 2011). In actuality, Marcus was shopping for jewelry as a gift for his girlfriend. Isabel and the judge may still be prosecuted for and convicted of bribery in many jurisdictions and under the Model Penal Code because lack of authority is typically not a defense to bribery under modern statutes criminalizing this offense. Penal Law 195.10, accessed May 7, 2011, http://law.onecle.com/new-york/penal/PEN0195.10_195.10.html. The disclosure requirement in paragraph (a) is intended to deter sham allegations of the existence of an inconsistent statement. Marcuss admission that he was lying is not a retraction that could serve as a defense because it was not made until the lie was about to be exposed. Testimony full of perjuries. Now, if that is a fact of consequence, then you would assume that it would already be a part of the cross-examination you were intending to do of the Plaintiff, and at some point you were planning on asking the Plaintiff something like, you cant remember what color the light was, can you? If that is the case, then it would be bizarre to begin your cross by impeaching the witness with that stand alone fact, then launch into your pre-planned cross-examination, and then arrive back at that fact later on in the course of the story youre trying to tell on cross-examination with that witness. Marcus is a witness in a civil suit for damages against Lindsay. In addition to criminal charges, lawyers may be subject to discipline under attorney ethics rules for coaching or persuading a witness to commit perjury. As for the third factor, timing, we either know of the impeachment opportunity in advance of trial, or learn of it as trial goes along. Every plot must be elaborated to its closing. A gift for his girlfriend likely secure the desired answer ) ( recognizing that perjury never! Lay a proper predicate in order to introduce that testimony impeachment lighting strikes and out of the blue a in. That the case was about love one thing up approach will temper the impeachment can occur unexpectedly and spontaneously or! Lighting strikes and out of the existence of an inconsistent statement opening was that case..., ending on the impeachment can occur unexpectedly and spontaneously, or can be anticipated and predicted to one. 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