Subornation of perjury
From Wikipedia, the free encyclopedia
Subornation of perjury is a legal term describing the act of an attorney who presents testimony (or an affidavit) the attorney knows is materially false to a judge or jury as if it were factual. Generally, the knowledge that the testimony is materially false must rise above mere suspicion to what a reasonable attorney would have believed in the circumstances. For example, the attorney cannot be wilfully blind to the fact that their witness is giving false testimony. An attorney who actively encourages a witness to give false testimony is clearly guilty of suborning perjury. It can occur in either a civil or criminal case.
Subornation of perjury is a crime. It is also an offence for which an attorney can be disciplined, disbarred or jailed. Subornation is the circumstance where an attorney gets, or allows, another party to lie. If an attorney makes a false representation in court, that is also a crime and he could be subject to similar punishment as subornation.
Under American criminal law, subornation of perjury occurs when anyone--not just a lawyer--encourages a witness to perjure her/himself. Violators can face a maximum of five years in prison.
