People are guilty of violating the laws of evidence when they lie under oath or under duress when they testify, a new article found in Medical News Now.
The article says, “If a person is accused of a crime, the prosecution may be able to use evidence from witnesses, such as statements made by the defendant or by a person who witnessed the crime or who has direct knowledge of the crime, to establish that the defendant committed the crime.”
If the defendant has a firearm on him, the article states that “the prosecution may also use evidence such as witness statements and forensic evidence, such a fingerprints, to support the allegation of the defendant’s guilt.”
If a criminal defendant has been charged with perjury, the crime will be deemed “material evidence” that is “inadmissible at trial.”
In addition to the standard perjury, a person can be convicted of false statements about a crime in which they may be liable to criminal penalties, according to the article.
A person may be convicted for making false statements in the course of committing a crime if there is a “reasonable probability” that the person will be convicted, the court may rule.
If a judge finds that the lie was intentional, the defendant will be guilty of false testimony, the police department may file a report of a perjury charge and the prosecutor will prosecute the case.
According to the Law of Evidence website, “the law states that the prosecution must prove that a person knowingly and intentionally made a false statement or made a mistake, and that the mistake or error was willful or intentional.”
In the case of a person’s testimony, a prosecutor must prove a defendant’s falsity, not merely that a defendant made a reasonable mistake, according the website.
If the person makes a mistake but it is later discovered that he was telling the truth, the prosecutor must establish that he intentionally lied or that he made a conscious mistake,” the website states.”
There are many other circumstances in which a person may not be guilty, but the key is to make a conscious or deliberate mistake, said Andrew Whelan, an attorney at Law Offices of Stephen J. Shapiro, who is not involved in this case.