Sei sulla pagina 1di 4

www.TaskmastersCanada.

com
U.S. & Canada Toll Free 1-(844) 777- 8428

Taskmasters Canada will consults on criminal cases that involve suspect testimony (court
transcripts) or statements from witnesses. The statements or transcripts will be analyzed for
deception and inconsistency patterns and a comprehensive report provided outlining the
areas of concern.
If you would like more information on how we can assist your legal team please contact us in
Canada or the United States toll free at 1-(844) 777-8428.
The following is a true story from our National Research Series Wrongfully Convicted

Witnesses Who Lie

Witnesses play an essential role in the way a judge or jury interprets evidence and makes a
decision during a case. With a person's freedom or even life hanging in the balance of a court
decision, it's essential for a witness to not only cooperate during court proceedings, but that
they also tell the exact truth. To help ensure a person provides a truthful statement, courts
place witnesses under oath, paired with penalties for not telling the truth. Unfortunately,
many witnesses still choose to lie, which not only impacts the case, but can also put in motion
criminal charges against the witness in question.

A witness may lie for a variety of reasons, sometimes to protect themselves and sometimes to
protect others. For example, a witness may fear retribution from the person they are testifying
against. A witness may also lie in order to protect someone they care about, whether it's the
person being prosecuted or someone else involved in the case. Sometimes a witness seems
like they are lying on the stand when actually they have decided to tell the truth, but lied in
interviews before the trial began. Finally, some people lie simply because they feel they can
get away with it.

If a witness lies, but neither party knows or can prove they're lying, then neither party has
knowledge or reason to act. However, if either side knows that the witness is lying, they're
both expected to act accordingly. Attorneys are unable to suborn or induce a witness to
provide perjured testimony, which would be the case if they allowed their witness to
knowingly lie. Prosecutors can't allow incorrect testimony to stand, and must not only correct
a lie, even if it damages their case, but must also stand in front of the judge and jury and state
on the record that they know the statement of their witness is false. This action is typically
followed by criminal charges filed against the witness for perjury.

Perjury

Perjury is defined in both the United States and Canada as knowingly making a misleading or
false statement while under oath. Perjury stems from the common law of England, and in
today's legal system is considered a felony offense in the U.S and an indictable offense in
Canada. Perjury not only applies to verbal testimonies, but also to any document signed under
penalty of perjury.

Qualifications for Perjury

For someone to be formally charged with perjury, several qualifications must be met. First, the
statement or item in question must have a verifiable relationship to the proceeding, lawsuit or
investigation. The person must be under oath to tell the truth, administered by someone in
authority, such as a judge or notary public. Like most crimes, the witness must act with intent,
meaning that they are knowingly lying with the intent to mislead the judge or jury. This means
that false statements that are made due to confusion while answering a question, by mistake,
or through a lapse in memory do not qualify as perjury. A false statement made outside of
court proceedings, such as in a private meeting with an attorney, can only be considered
perjury if the lie was part of a sworn or signed statement.

Recanted Testimony

A witness that lies while giving testimony can sometimes avoid perjury charges by recanting
their false statement while still under oath on the witness stand. However, recanting
testimony does not guarantee that the witness will escape without penalty, especially if the
false statement has the potential to dramatically impact the outcome of a case. In state cases,
the judge may still decide to charge the witness with a lesser offense of contempt of court if
the judge feels the lie obstructed the court's operations. In federal cases the witness may still
be charged with perjury, though the recanted statement can be taken into consideration by
the judge when determining intent.

Penalties

The penalties for perjury vary depending on what court the act was performed in. In U.S.
federal proceedings, a person who is found guilty of perjury may be fined, as well as can be
sentenced to up to five years in prison. When it comes to U.S. state courts, each state's
penalty will vary based on their own codes and statutes. However, most states generally stay
close to the same penalties for perjury as federal courts. In Canada, perjury is punishable by no
more than 14 years in prison. In California, perjury can be classified as a capital offense,
meaning punishable by death. California Penal Code 128 states that those whose perjury
results in the conviction and execution of an innocent person can be sentenced to life in prison
or given the death penalty.

Subornation of Perjury

It's important to note that if a person persuades a witness to commit perjury, they can be
charged with subornation of perjury, which is also punishable by fines, jail time or both.

Outcomes

Beyond the potential penalties a witness risks for themselves by not telling the truth while
under oath, a lie on the stand can also result in serious legal consequences for other parties
involved in the case. For example, a lie can result in a wrongful conviction and imprisonment if
it acts as evidence for the plaintiff or prosecutor. It can also result in a case being dropped,
even if the defendant is guilty. The perjury can also be used by either side of a case to argue a
defect or mistake in the original trial. In these cases a retrial may be granted, costing both
sides and the government a significant amount of time and money.

The importance of truth when acting as a witness in a trial cannot be overstated. Not only can
even a small lie result in serious fines or jail time for the witness, but the freedom, financial
well being and even the lives of those involved may be at stake. For those that have been
charged with perjury, it's important to contact a criminal lawyer as soon as possible for proper
defense.

Police Informants
In drug cases police will use participants as witnesses or confidential informants for the
purpose of providing intelligence or information. Although informants are an important tool
for police during a drug investigation, theyre credibility is minimal at best and have a high risk
of providing false information. In drug cases police informants are usually recruited as co-
participants and given either privilege or compensation for their information. In a large
number of drug cases it is this information that is relied upon to obtain search warrants as well
as implicate others. These type of witnesses have a higher risk of being deceptive.
Government Misconduct

Misstating the law, suppression of exculpatory evidence, using perjured testimony, are just a
few of the ways the prosecution can cause a guilty verdict. In up to 42% of court cases
overturned by new DNA evidence, prosecutorial misconduct has been discovered to have
played a part in the original conviction. The job of a prosecutor is to uphold justice and get
guilty parties proven guilty, however, many times the prosecution loses sight of their real goals
and focuses solely on securing a conviction, whether the defendant is guilty or not.

Government misconduct, especially misconduct of the prosecution, is an upsetting occurrence
that we see all too often in our courtrooms today. Prosecutors are entrusted with wielding the
power to go forward with a case or dismiss it, offer deals to defendants, and recommend what
sort of sentencing the defendant deserves. They wield power that can lead to corruption and
serious misconduct.

The prosecution doesn't always pass exculpatory evidence to the defense. Handing your
opponent the information to destroy the case you have built is not an easy thing to do, but it is
the right thing to do. Unfortunately, many defendants have waited decades to be exonerated
after the prosecution made the decision to keep exculpatory evidence to themselves.

Rarely disciplined for these common incidents, prosecutors continue to create miscarriages of
justice just to secure that guilty verdict. While not all prosecutors follow the path of
misconduct, all too many do.








Witness, wrongfully, accused, criminal, charges, deception, lies, liar, allegation, analysis, analyst, perjury, u.s., Canada, government, misconduct, police, informants

Potrebbero piacerti anche