Subornation of Perjury in Legal Practice
In the realm of law, the integrity of the courtroom relies entirely on the truthfulness of the evidence presented. When that integrity is compromised by the intentional introduction of lies, it enters the territory of subornation of perjury. While often discussed in criminal contexts, this act represents a severe breach of both legal statutes and professional ethics.
Defining Subornation
Broadly defined, to suborn is to induce another person to commit a wrongful act, particularly in a secret or underhanded manner. In a specific legal context, it is defined as persuading another person to commit perjury—the act of willfully telling an untruth in a court after having taken an oath.
Essentially, subornation occurs when someone obtains perjured testimony from another individual, effectively turning a witness into an instrument of deception.
[ไม่มีภาพประกอบ]Subornation in Legal Practice
For attorneys, the condition of suborning perjury arises when they present testimony or an affidavit (a written statement confirmed by oath or affirmation) to a judge or jury that they know to be materially false. A statement is considered materially false if it is not factual and has the potential to influence the outcome of the case.
Under both civil and criminal law, the standard for an attorney's knowledge is strict. It must rise above mere suspicion; the attorney must have a reasonable belief, based on the circumstances, that the testimony is false. Legally, an attorney cannot claim "willful blindness" to ignore the fact that their witness is providing perjurious testimony.
The Line Between Preparation and Perjury
There is a critical distinction in professional conduct between helping a witness recall the details of an event and encouraging them to provide false information. A notorious example of crossing this line is known as woodshedding (or "horse shedding"), which refers to the act of rehearsing testimony to ensure the witness says what the attorney wants, regardless of the truth.
This ethical and legal conflict was famously depicted in the 1958 true-crime novel Anatomy of a Murder by Robert Traver (written by John D. Voelker, a Michigan Supreme Court justice) and its 1959 film adaptation by Otto Preminger. The story explores the complexities of subornation within a rape-and-murder case.
Key Facts
- Definition: Subornation of perjury is the act of persuading or inducing another person to commit perjury.
- Attorney Liability: Attorneys are liable if they present testimony or affidavits they know to be materially false.
- Knowledge Standard: Knowledge must exceed mere suspicion to what is reasonably believed under the circumstances.
- Prohibited Conduct: "Woodshedding" or rehearsing testimony to mislead the court is considered criminal conduct.
- Consequences: Penalties include formal disciplinary action, disbarment, imprisonment, or a combination of these.
Summary of Legal Implications
| Category | Details |
|---|---|
| Primary Act | Inducing another to provide false testimony under oath. |
| Legal Standard | Knowledge of material falsehood (beyond mere suspicion). |
| Professional Risk | Disbarment and formal disciplinary action. |
| Criminal Risk | Jail time for suborning perjury or making false statements in court. |
Frequently Asked Questions
What is the difference between perjury and subornation of perjury?
Perjury is the act of lying under oath. Subornation of perjury is the act of persuading or inducing someone else to commit that lie.
Can an attorney be punished if they only suspected the witness was lying?
No; the law requires that the attorney's knowledge rise above mere suspicion to what they would reasonably have believed in the circumstances. However, they cannot be willfully blind to the truth.
What is "woodshedding" in a legal context?
Woodshedding, also known as horse shedding, is the practice of rehearsing a witness's testimony to ensure it aligns with a specific narrative, which can lead to the subornation of perjury.
What are the penalties for an attorney who suborns perjury?
An attorney may face formal disciplinary action, disbarment (loss of license to practice law), jail time, or a combination of these penalties.
Is making a false statement in court the same as subornation?
While different in execution, a false statement made by an attorney in court is a crime similar to subornation of perjury and is punished accordingly.