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NCJRS Abstract

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NCJ Number: 126271 Find in a Library
Title: Perjury and False Declarations (From White Collar Crime: Business and Regulatory Offenses, P 10-1, 10-79, 1990, Otto G. Obermaier and Robert G. Morvillo, eds. -- See NCJ-126261)
Author(s): J Nesland
Date Published: 1990
Page Count: 79
Sponsoring Agency: Seminar Press, Inc
New York, NY 10003
Sale Source: Seminar Press, Inc
111 Fifth Avenue
New York, NY 10003
United States of America
Type: Survey
Language: English
Country: United States of America
Annotation: This article differentiates between perjury and false declarations, outlines the essential components of each as well as common defenses, and discusses the concept of obstruction of justice.
Abstract: The two principal statutes enacted against perjury, Sections 1623 and 1621 of the United States Code, are compared and contrasted with regard to several elements: oath before a competent tribunal, officer, or person; oath authorized by United States law; intent; States subscribes to or makes or uses false information; materiality; falsity, and knowledge of falsity. Common defenses against perjury charges include entrapment, good faith, and collateral estoppel, while other issues involved in the defense include recantation, inconsistent declarations, immunity, and role of counsel. The elements surrounding false statements include the statement itself, falsity, knowledge, intent, materiality, and matters within the jurisdiction of any department or agency. In addition to the defenses already mentioned, the only other common defense is that of reliance upon the advice of counsel or another expert. The defense against charges of false statements must also consider statute of limitations, overlap with other statutory violations, venue, and multiplicity or duplicity. The discussion of obstruction of justice focuses on an analysis of the relationship of U.S. Code Section 1503 to Sections 1512 and 1513 and their unique and common elements. Some of the issues examined include endeavor, use of threats or force, knowledge, and influence or intimidation. 368 notes
Main Term(s): False evidence; Perjury
Index Term(s): Defense preparation; Federal Code; Obstruction of justice
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