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Legal Definitions - false testimony

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Definition of false testimony

False Testimony refers to statements made under oath or affirmation in a legal proceeding that are known by the person making them to be untrue, or are made with reckless disregard for their truthfulness. It is a deliberate misrepresentation of facts or a concealment of truth when one has sworn to tell the truth, the whole truth, and nothing but the truth. Providing false testimony is a serious offense, often punishable as perjury.

Here are some examples to illustrate false testimony:

  • Example 1: During a criminal trial for a robbery, a witness, who is a friend of the accused, testifies under oath that they saw the accused at a different location miles away at the time of the crime. However, the witness knows this is untrue because they were actually with the accused at the crime scene.
    Explanation: This is false testimony because the witness, under oath, intentionally provided information they knew to be untrue to mislead the court about the accused's whereabouts, directly impacting the facts of the case.
  • Example 2: In a civil lawsuit concerning a car accident, one of the drivers involved is asked during a sworn deposition about their speed just before the collision. The driver states they were going 30 mph, even though they distinctly remember looking at their speedometer and seeing it was 55 mph in a 35 mph zone.
    Explanation: The driver's statement about their speed constitutes false testimony because it was made under oath during a legal proceeding (a deposition) and was a deliberate misrepresentation of a material fact that the driver knew to be false.
  • Example 3: An individual applying for disability benefits attends an administrative hearing where they are required to testify under oath about their physical limitations. They claim they cannot lift more than five pounds, despite regularly engaging in activities that involve lifting much heavier objects, such as gardening and carrying groceries.
    Explanation: This is an instance of false testimony because the applicant, under oath in an official administrative proceeding, knowingly exaggerated their physical limitations to qualify for benefits, providing untrue information to influence the outcome of their claim.

Simple Definition

False testimony refers to statements made under oath or affirmation in a legal proceeding that the person giving them knows to be untrue. Providing such deliberately misleading information is a serious offense, commonly known as perjury, and can carry significant legal penalties.

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