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subornation of perjury

n. (law) inducing someone to make a false oath as part of a judicial proceeding; "to prove subordination of perjury you must prove the perjury and also prove that the perjured statement was procured by the accused suborner who knew that it would be false"

Wikipedia
Subornation of perjury

In American law and in Scots law the subornation of perjury is the crime of persuading a person to commit perjury — the swearing of a false oath to tell the truth in a legal proceeding, be it spoken or written. The term subornation of perjury further describes the circumstance wherein an attorney at law causes a client to lie under oath, or allows another party to lie under oath.

In American federal law, Title provides that:

In California law, per the State bar Code, the subornation of perjury constitutes an act of "moral turpitude" on the part of the attorney, and thus is cause for his or her disbarment, or for the suspension of his or her license to practice law.

In legal practice, the condition of suborning perjury applies to a lawyer who presents either testimony or an affidavit, or both, either to a judge or to a jury, which the attorney knows to be materially false, and not factual. In civil law and in criminal law, the attorney’s knowledge that the testimony is materially false must rise above mere suspicion to what an attorney would reasonably have believed in the circumstances of the matter discussed in the testimony. Hence, the attorney cannot be wilfully blind to the fact that his or her witness is giving false, perjurious testimony.

Moreover, an attorney who actively encourages a witness to give false testimony is suborning perjury, which is a crime punished either with formal disciplinary action, disbarment, or jail, or a combination thereof. Likewise, a false statement by an attorney in court also is a crime similar to subornation of perjury, and is punished accordingly. Hence, in the professional conduct of an attorney at law, there is a fine delineation between assisting a witness to recall occurred events and encouraging him or her to give materially false testimony. The practice of ″horse shedding the witness″ (rehearsing testimony) is an example of such perjurious criminal conduct by an attorney, which is depicted in the true-crime novel Anatomy of a Murder (1958), by Robert Traver, and in the eponymous film (Otto Preminger, 1959), about a rape-and-murder case wherein are explored the ethical and legal problems inherent to the subornation of perjury.

Usage examples of "subornation of perjury".

I shall not forget my delight when Jesse Blocher, who had been trailing Charles Foster Dodge through the South (when the latter was wanted as the chief witness against Abe Hummel on the charge of subornation of perjury of which he was finally convicted), told me how he instantly located his man, without disclosing his own identity, by unostentatiously leaving a note addressed to Dodge in a bright-red envelope upon the office counter of the Hotel St.

He charged malfeasance, he charged treason, murder, blackmail, piracy, simony, forgery, kidnapping, barratry, attempted rape, mental cruelty, indecent exposure, and subornation of perjury.