The term suborning perjury refers to the act of persuading, influencing, or causing another person to lie under oath. In legal systems across the United States, suborning perjury is treated as a serious offense because it corrodes the integrity of judicial proceedings. This article explains what it means to suborn perjury, the legal elements required to prove the crime, how it differs from simple perjury, typical penalties, common defenses, and practical steps for addressing potential subornation.
What Suborn Perjury Means
Suborn perjury occurs when a person with corrupt intent procures or attempts to procure another person to commit perjury. The key distinction is that the wrongdoing targets the act of inducing a third party to lie under oath, rather than lying oneself. Subornation can take many forms, including offering money, favorable treatment, threats, or other incentives to induce false testimony. The objective is to undermine the truth-seeking function of courts and investigations.
Legal Elements Of Suborning Perjury
To convict someone of suborning perjury in federal court, prosecutors generally must prove the following elements beyond a reasonable doubt:
- The existence of a false statement made under oath by another person.
- Knowledge by the defendant that the witness’s testimony is false or that it is likely to be false.
- An intent by the defendant to procure or suborn the false testimony.
- That the defendant acted with the purpose of influencing, impeding, or corrupting the administration of justice.
At the state level, most jurisdictions mirror these elements, focusing on intent, inducement, and the act of causing false testimony under oath. Some states require proof that the inducement actually caused the witness to lie, while others emphasize the defendant’s purposeful attempt to procure perjury, regardless of the outcome.
How Suborn Perjury Differs From Perjury
Perjury refers to lying under oath by the person giving testimony. Subornation, by contrast, is the act of causing someone else to lie. The crime of suborning perjury targets the conspiratorial or coercive behavior used to induce false testimony, whereas perjury targets the false testimony itself. In practice, a person may be charged with either crime, or both, depending on the circumstances and the available evidence.
It is possible for a person to commit subornation without being the one who lies. For example, a lawyer paying a witness to misstate facts in court could be charged with suborning perjury if the attorney knew the witness would lie and intended to procure it. Conversely, a witness who lies under oath commits perjury, and if someone encouraged that lie, both offenses could be involved.
Prosecution And Penalties
Federal law punishes suborning perjury under 18 U.S.C. § 1622. A conviction can lead to penalties similar to those for perjury and may include imprisonment, fines, and supervised release. Penalties vary by jurisdiction and case specifics, but federal cases often involve significant prison time and the risk of collateral consequences such as loss of license or professional sanctions. State statutes provide parallel penalties, with sentences ranging from fines to substantial imprisonment, depending on the jurisdiction and the seriousness of the inducement and false testimony.
Standard defenses may include challenging the existence of the required intent to procure false testimony, arguing insufficient evidence of the inducement, or asserting that the witness’s statement was not clearly false or was not caused by the defendant’s actions. Demonstrating lack of knowledge about the falsity of the testimony or proving that no intent to influence the outcome existed can be effective defense strategies in some cases.
Common Scenarios And Examples
Subornation can appear in various contexts, including criminal investigations, civil lawsuits, and grand jury proceedings. Typical scenarios include:
- A party offering payment or favorable treatment to a witness in exchange for a lied testimony.
- A lawyer or intermediary pressuring a witness to alter their testimony, even without direct financial incentives.
- A supervisor threatening retaliation unless a subordinate provides false testimony or altered records.
- A witness being coached to misrepresent events to align with a party’s theory of the case.
In each case, prosecutors must establish that the inducer knowingly sought to procure false testimony and did so with the intent to obstruct justice or corrupt proceedings.
Defenses And Practical Considerations
Possible defenses against suborning perjury charges include:
- The absence of proof that the defendant induced false testimony or that any false testimony occurred.
- Lack of knowledge that the testimony would be false or that the witness would lie.
- Evidence that the inducement did not alter the witness’s testimony or that the witness independently provided their version of events.
- Constitutional challenges to the admissibility of certain evidence or to the scope of the indictment.
Practical considerations emphasize the importance of documenting communications, preserving communications that indicate inducement, and consulting with experienced criminal defense or civil litigation counsel when encountering potential subornation issues. In jurisdictions with grand jury proceedings, the secrecy of the process can complicate early investigations, making timely legal guidance crucial.
Protecting The Integrity Of Proceedings
Courts and bar associations emphasize ethical obligations to prevent suborning perjury. Attorneys have a duty to avoid coaching witnesses, offering improper incentives, or pressuring individuals to misstate facts. When concerns about potential subornation arise, parties may seek protective orders, witness interviews with careful supervision, and clear ethical guidelines to safeguard the truth-seeking purpose of the proceedings.
Public awareness of these laws helps deter corrupt practices and reinforces that the judiciary relies on truthful testimony. For individuals involved in investigations, understanding the gravity of suborning perjury underscores the importance of reporting observed misconduct to the appropriate authorities.
What To Do If You Suspect Subornation
If someone suspects that another person is attempting to suborn perjury, it is essential to preserve evidence and consult with legal counsel promptly. Document any offers, threats, or inducements, and refrain from engaging in further discussions that could be construed as participation in lying. Legal professionals can determine whether to file motions, request protective measures, or initiate an investigation with the appropriate authorities.
In both criminal and civil contexts, addressing suspected subornation promptly preserves the integrity of the proceedings and may prevent further harm to the process. Understanding the rules and potential consequences helps ensure that ethical boundaries are maintained and that justice is served.