Perjury in the context of "Obstruction of justice"

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⭐ Core Definition: Perjury

Perjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.

Like most other crimes in the common law system, to be convicted of perjury one must have had the intention (mens rea) to commit the act and have actually committed the act (actus reus). Further, statements that are facts cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an interpretation of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without the intent to deceive. Individuals may have honest but mistaken beliefs about certain facts or their recollection may be inaccurate, or may have a different perception of what is the accurate way to state the truth. In some jurisdictions, no crime has occurred when a false statement is (intentionally or unintentionally) made while under oath or subject to penalty. Instead, criminal culpability attaches only at the instant the declarant falsely asserts the truth of statements (made or to be made) that are material to the outcome of the proceeding. It is not perjury, for example, to lie about one's age except if age is a fact material to influencing the legal result, such as eligibility for old age retirement benefits or whether a person was of an age to have legal capacity.

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👉 Perjury in the context of Obstruction of justice

In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other government officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice.

Obstruction is a broad crime that may include acts such as perjury, making false statements to officials, witness tampering, jury tampering, destruction of evidence, and many others. Obstruction also applies to overt coercion of court or government officials via the means of threats or actual physical harm, and to deliberate sedition against a court official to undermine the appearance of legitimate authority.

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Perjury in the context of Witness

In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know.

A witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly affirm to testify truthfully under penalty of perjury.

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Perjury in the context of Affidavit

An affidavit (/ˌæfɪˈdvɪt/ AF-ih-DAY-vit; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or containing a verification, meaning it is made under oath on penalty of perjury. It serves as evidence for its veracity and is required in court proceedings.

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Perjury in the context of Frameup

In the United States criminal law, a frame-up (frameup) or set-up is the act of falsely implicating (framing) someone in a crime by providing fabricated evidence or testimony. In British usage, to frame, stitch-up, or fit-up, is to maliciously or dishonestly incriminate someone or set them up, in the sense trap or ensnare.

While incriminating those who are innocent might be done out of sheer malice, framing is primarily used as a distraction. Generally, the person who is framing someone else is the actual perpetrator of the crime. In other cases it is an attempt by law enforcement to get around due process. Motives include getting rid of political dissidents or "correcting" what they see as the court's mistake. Some lawbreakers will try to claim they were framed as a defense strategy. Frameups may use conspiracy theories to hide the true crimes of the accused.

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Perjury in the context of Lying

A lie is an assertion that is believed to be false, typically used with the purpose of deceiving or misleading someone. The practice of communicating lies is called lying. A person who communicates a lie may be termed a liar. Lies can be interpreted as deliberately false statements or misleading statements, though not all statements that are literally false are considered lies – metaphors, hyperboles, and other figurative rhetoric are not intended to mislead, while lies are explicitly meant for literal interpretation by their audience. Lies may also serve a variety of instrumental, interpersonal, or psychological functions for the individuals who use them.

Generally, the term "lie" carries a negative connotation, and depending on the context a person who communicates a lie may be subject to social, legal, religious, or criminal sanctions; for instance, perjury, or the act of lying under oath, can result in criminal and civil charges being pressed against the perjurer.

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Perjury in the context of Alger Hiss

Alger Hiss (November 11, 1904 – November 15, 1996) was an American government official who, in 1948, was accused of spying for the Soviet Union in the 1930s. The statute of limitations had expired for espionage, but he was convicted of perjury in connection with this charge in 1950. Before the trial, Hiss was involved in the establishment of the United Nations, both as a U.S. State Department official and as a UN official. In later life, he worked as a lecturer and author.

On August 3, 1948, Whittaker Chambers, a former Communist Party USA member, testified under subpoena before the House Un-American Activities Committee (HUAC) that Hiss had secretly been a communist while in federal service. Hiss categorically denied the charge and subsequently sued Chambers for libel. During the pretrial discovery process of the libel case, Chambers produced new evidence allegedly indicating that he and Hiss had been involved in espionage. A federal grand jury indicted Hiss on two counts of perjury. After a mistrial due to a hung jury, Hiss was tried a second time, and in January 1950 he was found guilty and received two concurrent five-year sentences, of which he eventually served three and a half years.

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Perjury in the context of Horkos

In Greek mythology, Horkos (/ˈhɔːrkɒs/; Ancient Greek: Ὅρκος [hór.kos], lit.'Oath') personifies the curse that is inflicted on any person who swears a false oath. According to Hesiod, Horkos was the son of Eris (Strife). He is one of the divine enforcers of oaths, which were an important part of the ancient Greek system of justice.

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Perjury in the context of Popish Plot

The Popish Plot was a fictitious conspiracy invented by Titus Oates that between 1678 and 1681 gripped the kingdoms of England and Scotland in anti-Catholic hysteria. Oates alleged that there was an extensive Catholic conspiracy to assassinate Charles II, accusations that led to the show trials and executions of at least 22 men and precipitated the Exclusion Bill Crisis. During this tumultuous period, Oates weaved an intricate web of accusations, fueling public fears and paranoia. However, as time went on, the lack of substantial evidence and inconsistencies in Oates's testimony began to unravel the plot. Eventually, Oates himself was arrested and convicted for perjury, exposing the fabricated nature of the conspiracy.

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Perjury in the context of Black Panther Party

The Black Panther Party (originally the Black Panther Party for Self-Defense) was a far-left, Marxist–Leninist and black power political organization founded by college students Bobby Seale and Huey P. Newton in October 1966 in Oakland, California. The party was active in the United States between 1966 and 1982, with chapters in many major American cities, including San Francisco, New York City, Chicago, Los Angeles, Seattle, and Philadelphia. They were also active in many prisons and had international chapters in the United Kingdom and Algeria. Upon its inception, the party's core practice was its open carry patrols ("copwatching") designed to challenge the excessive force and misconduct of the Oakland Police Department. From 1969 onward, the party created social programs, including the Free Breakfast for Children Programs, education programs, and community health clinics. The Black Panther Party advocated for class struggle, claiming to represent the proletarian vanguard.

In 1969, J. Edgar Hoover, the director of the Federal Bureau of Investigation (FBI), described the party as "the greatest threat to the internal security of the country." The FBI sabotaged the party with an illegal and covert counterintelligence program (COINTELPRO) of surveillance, infiltration, perjury, and police harassment, all designed to undermine and criminalize the party. The FBI was involved in the 1969 assassinations of Fred Hampton and Mark Clark, who were killed in a raid by the Chicago Police Department. Black Panther Party members were involved in many fatal firefights with police. Huey Newton allegedly killed officer John Frey in 1967, and Eldridge Cleaver (Minister of Information) led an ambush in 1968 of Oakland police officers, in which two officers were wounded and Panther treasurer Bobby Hutton was killed. The party suffered many internal conflicts, resulting in the murder of Alex Rackley.

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