Page "Perjury" Paragraph 39

Perjury operates in American law as an inherited principle of the common law of England, which defined the act as the " willful and corrupt giving, upon a lawful oath, or in any form allowed by law to be substituted for an oath, in a judicial proceeding or course of justice, of a false testimony material to the issue or matter of inquiry.

" William Blackstone touched on the subject in his Commentaries on the Laws of England, establishing perjury as " a crime committed when a lawful oath is administered, in some judicial proceeding, to a person who swears willfully, absolutely, and falsely, in a matter material to the issue or point in question.

" The punishment for perjury under the common law has varied from death to banishment and has included such grotesque penalties as severing the tongue of the perjurer.

The definitional structure of perjury provides an important framework for legal proceedings, as the component parts of this definition have permeated jurisdictional lines, finding a home in American legal constructs.

As such, the main tenets of perjury, including mens rea, a lawful oath, occurring during a judicial proceeding, a false testimony have remained necessary pieces of perjury ’ s definition in the United States.