This page is continued from Criminal Law Self-Help >>>> Types of Crimes and Corresponding Laws >>>> Color of Law Crimes >>>> False Statements, Writings, Concealments, etc. from Government Employees:
1. The act or an instance of a person’s deliberately making material false or misleading statements while under oath; especially, the willful utterance of untruthful testimony under oath or affirmation, before a competent tribunal, on a point material to the adjudication. — aka false swearing; false oath; falsehood; (archaically) forswearing. See FALSEHOOD. Cf. MENDACITY. — perjuror, n. 
1. Wilful and corrupt false swearing or affirming, after an oath lawfully administered, in the course of a judicial or quasi-judicial proceeding as to some matter material to the issue or point in question. 41 Am J1st Perj §2.
In a broader sense, wilful false swearing in regard to any matter or thing respecting which an oath is required or even authorized by law. State v Miller, 26 RI 282, 58 A 882.
False statements of a witness, made in open court are not the subject of perjury, where they have been corrected before the case was submitted. State v Ledford, 195 Wash 531, 81 P2d 330. 
1. Giving false testimony in a judicial proceeding or an administrative proceeding; lying under oath as to a material fact; swearing to the truth of anything one knows or believes to be false. Perjury is a crime. A person who makes a false affirmation is equally a perjurer.
Compare false swearing.
See subordination of perjury. 
Excerpt from Edward Bullingbrooke’s The Duty and Authority of Justices of the Peace and Parish Officers for Ireland (rev. ed. 1788):
“Perjury by the common law, seemeth to be a wilful false oath, by one who being lawfully required to depose the truth in any judicial proceeding, swears absolutely, in a matter material to the point in question, whether he be believed or not.” 
1. See perjury.
1. Knowingly and intentionally stating upon oath that which is not true; swearing corruptly, or willfully and knowingly deposing falsely in a sworn statement before some officer authorized to administer an oath, concerning some fact. Schoenfeld v State, 56 Tex Crim 103, 119 SW 101.
Distinguished from perjury under the common law in the respect that false oath in perjury must be made in a judicial proceeding. whereas in false swearing it need not be made in such a proceeding. 41 Am J1st Perj § 3.
As a matter of defense to an insurer, “false swearing“ means false statements willfully made with respect to a material matter and with the intention of deceiving the insurer thereby. 29A Am J Rev ed lns § 1419. 
1. Knowingly and intentionally stating under oath, but not necessarily in court, that which is not true. EXAMPLE: laying in an affidavit. 
perjure – vb. 1. To make (oneself) culpable of deliberately making material false or misleading statements while under oath . 2. (In a passive sense) to become involved in, or proved to be guilty of, perjury.
perjured – adj. (17c) 1. Who has perjured himself or herself; guilty of perjury <a perjured witness>. 2. Suggesting or characterized by perjury <a perjured countenance>. — perjurious, adj.
perjury-trap doctrine – (1989) The principle that an indictment for perjury must be dismissed if prosecutors have secured it by haling the defendant before a grand jury as a witness in an attempt to get the evidence necessary for a perjury charge, particularly if the witness’s testimony is not materially related to an ongoing grand-jury investigation. * The perjury-trap doctrine does not apply if there was a legitimate basis for an investigation and for particular questions that were answered falsely. 
Perjurii poena divina, exitium; humana dedecus – The divine punishment of perjury is death; the human punishment, disgrace. See 4 Bl Comm 139.
Perjuri sunt qui servatis verbis juramenti decipiunt aures eorum qui accipiunt – They are perjured who, by preserving the words of the oath, deceive the ears of those who receive it. 
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
: Edward Bullingbrooke, The Duty and Authority of Justices of the Peace and Parish Officers for Ireland 598 (rev. ed. 1788)
Back to Color of Law Crimes
Back to Criminal Law Self-Help
Like this website?
or donate via PayPal:
This website is being broadcast for First Amendment purposes courtesy of
We look forward to hearing from you!