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  1. #1

    Default Can Prosecutors Make False Statements in Court

    My question involves criminal law for the state of: Georgia/New York

    I have heard that prosecutors have immunity from civil suits. What about perjury though? Wouldn't that law still apply to a lying prosecutor? Or no?

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    Default Re: Can Prosecutors Make False Statements in Court

    Prosecutors cannot both serve in the role as prosecutor and testify as witnesses in a legal proceeding. If they're prosecuting, they thus cannot be committing perjury; and if they're testifying, they're not prosecuting a case.

    As for the broader issue of "false statements", when cases are litigated it is likely that an attorney will at one point or another make a "false statement" in relation to what the facts will show at trial, or as measured by the jury in its verdict. A defense attorney may argue that the state cannot prove his client guilty beyond a reasonable doubt, and a prosecutor may argue that the defendant is so obviously guilty that no reasonable person could disagree, but that doesn't mean that either statement is inappropriate as advocacy even if the jury ultimately disagrees in its verdict.

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