American law The law of the United States comprises many levels of codified and uncodified forms of law, of which the supreme law is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as v ...

Scots law Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different histori ...

, and under the laws of some English-speaking

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...

nations, subornation of perjury is the

crime In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...

of persuading or permitting a person to commit

perjury Perjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an insta ...

, which is the swearing of a false oath to tell the truth in a legal proceeding, whether spoken or written.

U.S. Law

In American federal law, Title provides: The term ''subornation of perjury'' further describes the circumstance wherein an

attorney at law Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, the Philippines, and the Unit ...

causes a client to lie under oath or, allows another party to lie under oath. In California law, per the state bar code, the subornation of perjury constitutes an act of "

moral turpitude Moral turpitude is a legal concept in the United States, and until 1976 in Canada, that refers to "an act or behavior that gravely violates the sentiment or accepted standard of the community". This term appears in U.S. immigration law beginnin ...

" on the part of the attorney, and thus, is cause for their disbarment, or for the suspension of their license to practice law.

In legal practice

As a crime, it has been defined as "persuading another to commit perjury." But "suborn" is more broadly defined. Amongst three definitions: to induce a person to commit a wrongful act ... esp. in a secret or underhanded manner; to induce a person to commit perjury; and to obtain perjured testimony from another. In legal practice, the condition of suborning perjury applies to an attorney who presents either

testimony Testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimon ...

or an

affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by la ...

, or both, either to a

judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

or to a

jury A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...

, which the attorney knows to be materially false, and not factual. In civil law and in

criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

, 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 their witness is giving false, perjurious testimony. An attorney who encourages a witness to give false testimony is suborning

, a crime punished either with formal disciplinary action, disbarment, jail, or a combination thereof. A false statement by an attorney in court also is a crime similar to subornation of perjury and is punished accordingly. In the professional conduct of an attorney at law, there is a fine delineation between assisting a witness to recall events and encouraging the witness to give materially false testimony. The practice of ″horse shedding the witness″ (rehearsing testimony) (also known as woodshedding), 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 John D. Voelker, a justice of the

Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the s ...

and in the eponymous film (Otto Preminger, 1959), about a rape-and-murder case wherein are explored the

ethical Ethics is the philosophical study of moral phenomena. Also called moral philosophy, it investigates normative questions about what people ought to do or which behavior is morally right. Its main branches include normative ethics, applied e ...

and legal problems inherent to the subornation of perjury.''See'' Garner, B.A. Ed., ''

Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by Wes ...

'' 7th Ed., 1999, pp. 742, 1342, and 1598.

References

{{DEFAULTSORT:Subornation Of Perjury Crimes Perjury Scots law legal terminology Scottish criminal law United States criminal law

U.S. Law

In legal practice

See also

References