Testimony by several witnesses may be contradictory. Isn’t that perjury?

UPDATED: Oct 21, 2024Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Mary Martin

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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

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UPDATED: Oct 21, 2024

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UPDATED: Oct 21, 2024Fact Checked

What is Perjury?

A person commits the crime of perjury when he deliberately and intentionally makes false statements under oath. He will not be charged with perjury unless the evidence demonstrates that he is intentionally lying and not just contradicting himself. The same is true for multiple witnesses whose testimony contradicts that of other witnesses.

A court case can take place over a long period of time, during which a witness will be called to testify under oath on several occasions. It is highly conceivable that his memory and perception of events will change over time, resulting in discrepancies and contradictions between his various statements. Similarly, multiple witnesses have different viewpoints and perspectives that contradict the statements of the other witnesses. These contradictions do not mean the witnesses are guilty of perjury, they just mean that the witnesses are human.

The discrepancies that exist between witnesses are used by attorneys in court for a variety of legitimate reasons, like testing a witness’ credibility, arguing about the sufficiency of the evidence and ultimately searching for the truth. It is up to the fact finder (either a judge or a jury) to decide which witness to believe, if the witnesses give contradictory testimony. When there are discrepancies between witnesses it is certainly not necessarily a matter of perjury.

The judges and prosecutors responsible for enforcing the law recognize that in court witnesses will contradict each other in the search for truth. To prosecute all these witnesses for perjury is not a good idea because it could have a chilling effect on the justice system’s ability to prosecute criminals. A witness who fears he will be prosecuted for perjury because his testimony differs from someone else’s testimony will not be willing to come to court.

Getting Legal Help

If you have been charged with perjury, or just have general questions about perjury, you should talk to a criminal attorney in your area.

Case Studies: Perjury and Witness Testimony

Case Study 1: The Smith Murder Trial

In the high-profile criminal trial of John Smith, several witnesses testified under oath about the events surrounding the alleged murder. As the trial progressed, the testimony of some witnesses appeared to contradict each other, leading to questions about perjury. However, upon closer examination, it was revealed that the discrepancies were due to the natural fallibility of human memory. This case highlights the importance of understanding witness memory limitations and how discrepancies do not necessarily indicate perjury.

Case Study 2: Car Accident Lawsuit

In a civil lawsuit involving a car accident, multiple witnesses provided testimony about the sequence of events leading to the collision between Peter Johnson and Sarah Davis. Each witness had a different perspective, leading to conflicting statements. While some parties suspected perjury, the attorneys used these contradictions to challenge the credibility of the witnesses and to present a comprehensive view of the accident. The case demonstrated the use of witness contradictions as a legitimate part of the legal process to search for the truth.

Case Study 3: The Jones Fraud Case

In a high-stakes criminal trial involving a complex fraud scheme, a key witness, Emily Jones, hesitated to come forward due to fear of being charged with perjury if her testimony contradicted that of other witnesses. The defense attorney raised concerns about the chilling effect this fear could have on witness participation in court proceedings. The case prompted a debate on how to strike a balance between prosecuting perjury and maintaining a justice system where witnesses feel safe coming forward.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Mary Martin

Published Legal Expert

Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

Published Legal Expert

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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