Results 1 to 2 of 2
  1. #1

    Default Is Perjury Only A Crime Against The State?

    In a criminal case in Florida, the defendant commits perjury which affects the outcome of the case. He receives a lesser charge & sentence. Next the state follows with a charge of perjury - would the victims in the original case be considered victims of this crime or is it now a crime against the state?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,430

    Default Re: Is Perjury Only A Crime Against The State?

    In a typical criminal prosecution, the state is the adverse party. (e.g., Florida v. Smith.) The exceptions would be when a local unit of government brings the charge, and is named as the prosecuting authority instead of the state.

    If the state can prove perjury without calling the victims from the original trial to testify, they don't have to call those victims.

    Note, however, that there's a doctrine (the name of which temporarily eludes me) that in some jurisdictions prevents the prosecution of a criminal defendant for perjury, over testimony given at trial in his own defense.

    1. Sponsored Links
       

Similar Threads

  1. Civil Rights Issues: Can You Sue the State for Not Prosecuting a Crime
    By mary love in forum Civil Rights
    Replies: 4
    Last Post: 06-24-2011, 12:24 AM
  2. Drug Possession: Charged With a Drug Crime While Traveling in Another State
    By OhBoy65 in forum Criminal Charges
    Replies: 1
    Last Post: 05-27-2011, 06:29 AM
  3. Sentencing: If You're Convicted of a Crime But Live in Another State, Where is the Penalty Served
    By goldwentgray in forum Criminal Procedure
    Replies: 5
    Last Post: 05-09-2010, 05:36 AM
  4. Perjury
    By suzmarie95610 in forum Child Custody and Visitation
    Replies: 3
    Last Post: 11-17-2007, 09:11 AM
  5. Police Conduct: Is it a crime to record a police officer commiting crime
    By Guilty Or Not Guilty in forum Police Investigations
    Replies: 2
    Last Post: 06-07-2006, 09:11 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document