Perjury

I. INTRODUCTION

Sworn testimony is regarded as valuable evidence upon which important judicial, legislative, administrative, and other governmental decisions are made.

Consequently, the integrity of our government depends in large part on the veracity of people who provide information while under oath.' Congressional concern regarding the consequences of perjury is expressed in 16212, 1622,3 and 16234 of Title 18, which were enacted to punish and deter false testimony.5 Section I of this Article provides an overview of the three perjury statutes and analyzes key distinctions between them; Section II sets out the elements to violations of perjury and subornation of perjury; Section III delineates the available defenses to alleged perjury violations; and Section IV discusses the sentencing requirements under the statutes. Section I briefly introduces each statute generally in Parts A through C and then, in Part D, evaluates the distinctions between 1621 and 1623.

A. False Testimony Generally: 18 U.S.C. 1621

Section 1621, the broadest of the three perjury statutes, applies to all material statements or information provided under oath to "a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered."6 The statute has withstood constitutional challenges for vagueness regarding the breadth of its scope.7 Courts have applied 1621 in a variety of situations.8

B. False Testimony to Court or Grand Jury: 18 U.S. C. 1623

Section 1623, the second of the three perjury statutes, was enacted to "facilitate perjury prosecutions and thereby enhance the reliability of testimony before federal courts and grand juries."9 Its operation is expressly limited to statements or information provided under oath "in any proceeding before or ancillary to any court or grand jury of the United States." lo Within these bounds, however, the statute operates without restriction.ll Additionally, the constitutionality of 1623 has not been questioned, despite the modification of certain procedural and substantive rules that historically applied to perjury prosecutions.12

C. Subornation of Perjury: IS U.S.C. 1622

Section 1622 is also a fairly broad statute, and not limited to the scope of 1621.'3 Section 1622 makes it a crime to convince another to commit "any perjury," whether under 1621 or 1623.'4 To be convicted of subornation of perjury, one must have persuaded another to...