perjury 音標拼音: [p'ɚdʒɚi]
n . 偽誓,偽證
偽誓,偽証
perjury n 1 :
criminal offense of making false statements under oath [
synonym : {
perjury }, {
bearing false witness }, {
lying under oath }]
Perjury \
Per "
ju *
ry \,
n .;
pl . {
Perjuries }. [
L .
perjurium .
See {
Perjure },
v .]
1 .
False swearing .
[
1913 Webster ]
2 . (
Law )
At common law ,
a willfully false statement in a fact material to the issue ,
made by a witness under oath in a competent judicial proceeding .
By statute the penalties of perjury are imposed on the making of willfully false affirmations .
[
1913 Webster ]
Note :
If a man swear falsely in nonjudicial affidavits ,
it is made perjury by statute in some jurisdictions in the United States .
[
1913 Webster ]
35 Moby Thesaurus words for "
perjury ":
artfulness ,
coloring ,
confabulation ,
craftiness ,
credibility gap ,
deceitfulness ,
disingenuousness ,
distortion ,
equivocation ,
exaggeration ,
false coloring ,
false swearing ,
falseheartedness ,
falsification ,
falsifying ,
forswearing ,
fraud ,
insincerity ,
intrigue ,
lying ,
mendaciousness ,
mendacity ,
miscoloring ,
misconstruction ,
misrepresentation ,
misstatement ,
perversion ,
prevarication ,
sharp practice ,
straining ,
uncandidness ,
uncandor ,
unfrankness ,
unsincereness ,
untruthfulness PERJURY ,
crim .
law .
This offence at common law is defined to be a willful false oath ,
by one who being lawfully required to depose the truth in any judicial proceedings ,
swears absolutely in a matter material to the point in question ,
whether he be believed or not .
2 .
If we analyze this definition we will find ,
1st .
That the oath must be willful .
2d .
That it must be false .
3d .
That the party was lawfully sworn .
4th .
That the proceeding was judicial .
6th .
That the assertion was absolute .
6th .
That the falsehood was material to the point in question .
3 .-
1 .
The intention must be willful .
The oath must be taken and the falsehood asserted with deliberation ,
and a consciousness of the nature of the statement made ;
for if it has arisen in consequence of inadvertency ,
surprise or mistake of the import of the question ,
there was no corrupt motive ;
Hawk .
B .
1 ,
c .
69 ,
s .
2 ;
but one who swears willfully and deliberately to a matter which he rashly believes ,
which is false ,
and which he had no probable cause for believing ,
is guilty of perjury .
6 Binn .
R .
249 .
See 1 Baldw .
370 ;
1 Bailey ,
50 .
4 .-
2 .
The oath must be false .
The party must believe that what he is swearing is fictitious ;
for ,
if intending to deceive ,
he asserts that which may happen to be true ,
without any knowledge of the fact ,
he is equally criminal ,
and the accidental truth of his evidence will not excuse him .
3 Inst .
166 Hawk .
B .
1 ,
c .
69 ,
s .
6 .
5 .-
3 .
The party must be lawfully sworn .
The person by whom the oath is administered must have competent authority to receive it ;
an oath ,
therefore ,
taken before a private person ,
or before an officer having no jurisdiction ,
will not amount to perjury .
3 Inst .
166 ;
1 Johns .
R .
498 ;
9 Cowen ,
R .
30 ;
3 McCord ,
R .
308 ;
4 McCord ,
It .
165 ;
2 Russ .
on Cr .
520 ;
3 Carr . &
Payne ,
419 ;
S .
C .
14 Eng .
Com .
Law Rep .
376 ;
2 Chitt .
Cr .
Law ,
304 ;
4 Hawks ,
182 ;
1 N . &
M .
546 ;
3 McCord ,
308 ;
2 Hayw .
56 ;
8 Pick .
453 .
6 .-
4 .
The proceedings must be judicial .
Proceedings before those who are in any way entrusted with the administration of justice ,
in respect of any matter regularly before them ,
are considered as judicial for this purpose .
2 Chitt .
Crim .
C .
303 ;
2 Russ .
on Cr .
518 ;
Hawk .
B .
1 ,
c .
69 ,
s .
3 .
Vide 3 Yeates ,
R .
414 ;
9 Pet .
Rep .
238 .
Perjury cannot therefore be committed in a case of which the court had no jurisdiction .
4 Hawks ,
182 ;
2 Hayw .
56 ;
3 McCord ,
308 ;
8 Pick .
453 :
1 N . &
McC .
546 .
7 .-
5 .
The assertion must be absolute .
If a man ,
however ,
swears that he believes that to be true which he knows to be false ,
it will be perjury .
2 Russ .
on Cr .
518 ;
3 Wils .
427 ;
2 Bl .
Rep .
881 ;
1 Leach ,
242 ;
6 Binn .
Rep .
249 ;
Lofft '
s Gilb .
Ev .
662 .
8 .-
6 .
The oath must be material to the question depending .
Where the facts sworn to are wholly foreign from the purpose and altogether immaterial to the matter in question ,
the oath does not amount to a legal perjury .
2 Russell on Cr .
521 ;
3 Inst .
167 ;
8 Ves .
jun .
35 ;
2 Rolle ,
41 ,
42 ,
369 ;
1 Hawk .
B .
1 ,
c .
69 ,
s .
8 ;
Bac .
Ab .
Perjury ,
A ;
2 N . &
M .
118 ;
2 Mis .
R .
158 .
Nor can perjury be assigned upon the valuation under oath ,
of a jewel or other thing ,
the value of which consists in estimation .
Sid .
146 ;
1 Keble ,
510 .
9 .
It is not within the plan of this work to cite all the statutes passed by the general government ,
or the several states on the subject of perjury .
It is proper ,
however ,
here to transcribe a part of the 13th section of the act of congress of March 3 ,
1825 ,
which provides as follows :
"
If any person in any case ,
matter ,
bearing ,
or other proceeding ,
when an oath or affirmation shall be required to be taken or administered under or by any law or laws of the United States ,
shall ,
upon the taking of such oath or affirmation ,
knowingly and willingly swear or affirm falsely ,
every person ,
so offending ,
shall be deemed guilty of perjury ,
and shall ,
on conviction thereof ,
be punished by fine ,
not exceeding two thousand dollars ,
and by imprisonment and confinement to bard labor ,
not exceeding five years ,
according to the aggravation of the offence .
And if any person or persons shall knowingly or willingly procure any such perjury to be committed ,
every person so offending shall be deemed guilty of subornation of perjury ,
and shall on conviction thereof ,
be punished .
by fine ,
not exceeding two thousand dollars ,
and by imprisonment and confinement to bard labor ,
not exceeding five years ,
according to the aggravation of the offence ."
10 .
In general it may be observed that a perjury is committed as well by making a false affirmation ,
as a false oath .
Vide ,
generally ,
16 Vin .
Abr .
307 ;
Bac .
Abr .
h .
t .;
Com .
Dig .
Justices of the Peace ,
B 102 to 106 ;
4 Bl .
Com .
137 to 139 ;
3 Inst .
163 to 168 ;
Hawk .
B .
1 ,
c .
69 ;
Russ .
on Cr .
B .
5 ,
c .
1 ;
2 Chitt .
Cr .
L .
c .
9 ;
Roscoe on Cr .
Ev .
h .
t .;
Burn '
s J .
h .
t .
Williams '
J .
h .
t .
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