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Is it illegal to lie about having been in a situation where you were under oath?

This is a discussion on Is it illegal to lie about having been in a situation where you were under oath? within the Civil Litigation forum, part of the ATTORNEYS, COURTS, LITIGATION category; I understand, you can lie just about all you want unless you're under oath... however... Can you lie about having ...

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Old Aug 18th, 2012, 12:09 PM   #1
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Confused Is it illegal to lie about having been in a situation where you were under oath?

I understand, you can lie just about all you want unless you're under oath... however...
Can you lie about having been under oath?
Let's say you were in a courtroom, as a witness or an attorney, and were required to go under oath to answer questions from the prosecution or defense... and at a later date, you were asked to recall this situation. Are you legally allowed to lie about having been in that situation?
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Old Aug 18th, 2012, 12:43 PM   #2
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Default Re: Is it illegal to lie about having been in a situation where you were under oath?

I wish to inform you that speaking lie under oath is not allowed. If you speak lie to court then you can be held liable for the offence of perjury. You may therefore speak correct statements.

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Old Aug 18th, 2012, 01:08 PM   #3
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Default Re: Is it illegal to lie about having been in a situation where you were under oath?

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I wish to inform you that speaking lie under oath is not allowed. If you speak lie to court then you can be held liable for the offence of perjury. You may therefore speak correct statements.

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But what if, at a later date, you lied about having even spoken under oath at all? Claimed you were not at the courtroom at that date, or something of the like...
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Old Aug 18th, 2012, 01:14 PM   #4
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Default Re: Is it illegal to lie about having been in a situation where you were under oath?

Since there is a documented record of it you wouldn't get far...
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Old Aug 18th, 2012, 01:17 PM   #5
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Default Re: Is it illegal to lie about having been in a situation where you were under oath?

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Originally Posted by TomJReeds View Post
I understand, you can lie just about all you want unless you're under oath... however...
No, that is not true.One example is what is known as the "Exculpatory No" doctrine. You can read the syllabus here. Answering NO when it is YES, is a federal crime as indicated, live link.

Brogan v. United States, 522 U.S. 398 (1998)


In Hiibel v Sixth Judicial District (US SC ) 2004, the SC by it's decision permitted states to criminalize the refusal of a person to give a name/ID to a police officer when stopped "under investigation". If you provide a false name when asked, even though not under oath, that is a crime.

There are other examples also. So no, it is not always legal to lie even when not under oath.


Quote:
Can you lie about having been under oath?
Let's say you were in a courtroom, as a witness or an attorney, and were required to go under oath to answer questions from the prosecution or defense... and at a later date, you were asked to recall this situation. Are you legally allowed to lie about having been in that situation?
MATERIAL answers to the best of your knowledge MUST be made on the witness stand, period.
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Old Aug 18th, 2012, 01:25 PM   #6
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Default Re: Is it illegal to lie about having been in a situation where you were under oath?

Okay. Is it illegal to lie to citizens about this specific situation, though?
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Old Aug 18th, 2012, 01:27 PM   #7
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Default Re: Is it illegal to lie about having been in a situation where you were under oath?

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Okay. Is it illegal to lie to citizens about this specific situation, though?

Since citizens have no Police Power to charge you in that area, I personally say yes.
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Old Aug 19th, 2012, 09:32 AM   #8
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Default Re: Is it illegal to lie about having been in a situation where you were under oath?

What you can be charged for lying under oath is perjury. Look up the laws of your state on perjury to see just how much jail time this could buy you. Perjury is a felony.
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