Prosecutorial strategy in which a witness is coerced into lying under oath
In United States criminal law, a perjury trap is a form of prosecutorial strategy, which is sometimes claimed to be prosecutorial misconduct in which a prosecutor calls a witness to testify, typically before a grand jury, with the intent of coercing the witness into perjury (intentional deceit under oath). Courts on state and federal levels almost never recognize such as inappropriate, as doing so would in essence, condone perjury.[1]
As an example, suppose that a person committed a crime for which they were never prosecuted, but the statute of limitations on that crime has expired. A prosecutor could set a perjury trap for them by calling them as a witness before a grand jury in a case about a different crime, and ask them about the expired crime. If the witness lies about the expired crime, that would be perjury—a new crime, which could then be prosecuted.[2] Prosecution for perjury elicited in this manner violates due process of law, since the investigatory powers of the grand jury are exploited to reach beyond their legal limits.[1] It has been argued by legal scholars whether it constitutes a form of entrapment.[2]
Claims of a perjury trap are common when perjury charges result from testimony before a grand jury, but are rarely proven.[3] No US federal court has ever accepted a motion to dismiss because of claimed perjury trap.[2] The defense is extremely difficult, because the question that elicited the perjured testimony must be immaterial to the case in which it was asked, and courts construe very broadly what questions count as material to a case.[2]
^ abGershman, Bennett L. (1981). "The "Perjury Trap"". University of Pennsylvania Law Review. 129 (624): 624–700. doi:10.2307/3311742. JSTOR 3311742.
^ abcdMcLain, Billy Joe (March 2010). "Debunking the Perjury-Trap Myth". Texas Law Review. 88 (4). Archived from the original on 2018-01-26. Retrieved 2018-01-26.
^"1756. Perjury Cases -- Special Problems And Defenses -- Perjury Trap". Department of Justice. 19 February 2015. Retrieved January 26, 2018.
In United States criminal law, a perjurytrap is a form of prosecutorial strategy, which is sometimes claimed to be prosecutorial misconduct in which a...
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or...
"Accused Jeffrey Epstein accomplice Ghislaine Maxwell claims possible 'perjurytrap' in bid to keep court records sealed". CNBC. Archived from the original...
documents dating back to 2010, and he did not want to be caught in a "perjurytrap". He expressed the wish to testify before the committee in an open setting...
and do not test his recollections in ways that amount to a potential perjurytrap. Among options they are considering are providing written answers to...
Roberts". YouTube. "MSNBC Hardball: Troubles in the Manafort Trial & Trump PerjuryTrap". YouTube. "MSNBC: Trump Tweets Put Donald Jr. At Legal Risk". YouTube...
The two impeachment articles that the House passed were centered around perjury and Clinton using the powers of the presidency to commit obstruction of...
The Koine Greek word, skándalon (Strong's 4625) means either a 'trap-stick' or a 'stumbling block'. In the Bible, skándalon is used figuratively to mean...
witnesses who gave evidence at the original murder trial were convicted of perjury and sentenced to 18 months imprisonment. In 2011, eight former police officers...
Newspapers defamation case and the 2010 HM Advocate v Sheridan and Sheridan perjury case. In the original trial in 2006, Sheridan sued News International,...
Trump, and in May, The New York Times reported that they were considering perjury charges against him. In March 2023, District Attorney Alvin Bragg's office...
secrets among the group of bell ringers — gambling, forbidden love, robbery, perjury, and blackmail — giving all a motive to kill Glossop. 73 3 "The Whistle...
"Bill So Horny" during the impeachment of U.S. President Bill Clinton for perjury under oath about his relationship with Monica Lewinsky.[citation needed]...
that if he took a perjury oath, he was ready to die being beaten and impaled by various weapons of his enemies. Abimanyu took a perjury oath because, at...
following year. She was sentenced to ten years in the US in 2013 for her perjury relating to her denial of involvement in genocide. Nyiramasuhuko was tried...
counts of embezzlement, and one count each of forging documents, arson, and perjury. Angerstein claimed he did not embezzle money, but that van der Zypen had...
slinging" and defamation. The key issue is that mud slinging is not a form of perjury or libel. Politics also can include barratry where one opponent files frivolous...
indeed 20 people from Mỹ Lai died by accident. Accused of cover-up and perjury by the Army; charges dropped. MG Samuel W. Koster – commander of the 23rd...
changed her testimony during the trials and the petition was found guilty of perjury. During the Gujarat riots, a pregnant woman named Bilkis Bano was gang-raped...
number of that ID and [would have to have it] signed under penalty of perjury. If I don’t have that document or a photo of my ID available 20 hours a...
that there was insufficient evidence to put him on trial on charges of perjury. Stephen Herron, the PPS director in the area, also ruled out prosecutions...
unravel the plot. Eventually, Oates himself was arrested and convicted for perjury, exposing the fabricated nature of the conspiracy. The fictitious Popish...