U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Client Perjury in Criminal Cases: Still in Search of an Answer

NCJ Number
113420
Journal
Trial Volume: 24 Issue: 9 Dated: (September 1988) Pages: 30-40
Author(s)
N Lefstein
Date Published
1988
Length
11 pages
Annotation
There are only two viable solutions when a defense counsel knows that a client intends to commit perjury: counsel must report the client's intent to lie to the court or counsel should permit the client to make a narrative statement to the fact-finder.
Abstract
The client perjury dilemma exists only when counsel has actual knowledge that the client intends to lie. Traditionally, under this standard, a third solution has also been suggested: counsel should examine the defendant just as he would any other witness, even though he knows the testimony is false. Even though the U.S. Supreme Court in a case decided in 1986 appears to support the solution that would advise the trial court when a defendant insists on commiting perjury, the narrative approach is the most sensible approach. The American Bar Association has issued Formal Opinion 87-535, which makes clear that still a fourth option may exist: counsel may be forced to resolve the issue of client perjury by withdrawing from the case. When counsel withdraws, however, the successor counsel must then solve the dilemma of perjury -- often with less information than was available to the original counsel. When deciding whether to inform the court of the client's intended perjury or to permit the client to make a narrative statement to the fact-finder, the defense attorney should ask the following questions: Will the approach discourage a defendant from presenting perjury? If false testimony is presented, will the defense counsel be placed in the position of supporting it? Will the approach taken preserve the attorney-client relationship and avoid the risk of mistrial? Will the approach risk disclosure of confidential information? 37 footnotes.