CHICAGO-(AEAE)- No person may be convicted of perjury unless the State has proved beyond a reasonable doubt each element of the crime. These elements are: First, making/subscribing;Second, a statement; Third, (known by the defendant(s) to be not true)/(believed by the defendant(s) to be not true)/ (with intent to avoid or obstruct the ascertainment of truth); Fourth, under oath/affirmation/(legally binding assertion);Fifth, authorized/required by law in a/an trial/hearing/investigation/ deposition/certification/declaration. Each elements which must be shown in order to obtain a conviction.
Perjury is the crime of lying under oath. To convict a person of perjury, the prosecution must establish that the defendant took an oath to tell the truth and knowingly made a false statement of fact. In addition, the false statement must be material to the matter at hand, in other words, capable of influencing the tribunal on the issues before it. Perjury is often said to be one of
the most difficult crimes to prove. Compounding the difficulty is the "two-witness rule" used in most jurisdictions. Under this rule the prosecution must show the falsity of a defendant's statements either by two witnesses or by one witness and corroborating documents. If the state cannot prove for example that the Defendant executed the document the State case evaporates and turns into a “False” arrest, malicious prosecution, section 1983 violation of the Defendant's civil rights lawsuit against the Plaintiff.
Perjury is the crime of lying under oath. To convict a person of perjury, the prosecution must establish that the defendant took an oath to tell the truth and knowingly made a false statement of fact. In addition, the false statement must be material to the matter at hand, in other words, capable of influencing the tribunal on the issues before it. Perjury is often said to be one of
the most difficult crimes to prove. Compounding the difficulty is the "two-witness rule" used in most jurisdictions. Under this rule the prosecution must show the falsity of a defendant's statements either by two witnesses or by one witness and corroborating documents. If the state cannot prove for example that the Defendant executed the document the State case evaporates and turns into a “False” arrest, malicious prosecution, section 1983 violation of the Defendant's civil rights lawsuit against the Plaintiff.
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