Legal Definitions - metus perjurii

metus perjurii refers to the fear of perjury. This legal concept describes the concern that a witness, due to a strong personal interest or motive, might be tempted to lie while giving testimony under oath. Historically, this fear led legal systems to sometimes exclude certain types of evidence or witnesses, believing that their testimony would be inherently unreliable.

However, modern legal systems generally prioritize obtaining all relevant information. Instead of excluding witnesses based on potential bias, courts now allow witnesses with interests to testify, relying on tools like cross-examination, the judge or jury's assessment of credibility, and the severe penalties for perjury to ensure truthfulness. The term highlights the historical tension between the desire for all evidence and the concern about false testimony.

Here are some examples illustrating the concept of metus perjurii:

• Imagine a civil lawsuit where a company is suing a former employee for breach of contract. The former employee's current business partner is called as a witness. This partner has a significant financial interest in the former employee winning the case, as their shared business could suffer if the employee is found liable. The metus perjurii here would be the concern that the business partner, driven by their financial stake, might be inclined to provide testimony that favors their partner, even if it means stretching or misrepresenting the truth.

• Consider a child custody dispute where a grandparent is asked to testify about the parenting abilities of their own child. The grandparent has a deep emotional connection and loyalty to their child. The metus perjurii in this scenario would be the apprehension that the grandparent, out of love and a desire to see their child succeed in gaining custody, might unconsciously or consciously embellish positive aspects or downplay negative ones in their testimony, potentially compromising objectivity.

• In a professional misconduct hearing, a colleague is asked to testify about the actions of a peer who is facing serious allegations that could end their career. This colleague knows that providing truthful, but damaging, testimony could severely strain their professional relationship, potentially lead to social ostracization within their workplace, or even affect their own career prospects if they are seen as disloyal. The metus perjurii here would be the concern that the colleague, fearing the personal and professional repercussions of telling the whole truth, might be tempted to soften their testimony or omit crucial details to protect themselves and their peer.