Sunday, June 19, 2011

Father's Day, Perjury, Truth, WLC, and Legal Resources (Definition, USC, SCOTUS)

Abstract:  Father's Day 2011.  For sons, fathers and grandfathers, let us strengthen our continuuing effort, for family, church and nation, to the issues of thinking, feeling, and speaking the truth.  This notably applies to all venturing to represent God.  Some thoughts from US lawcodes, but also the finest English-speaking Catechism in the West, the Westminster Larger Catechism. [emphasis added by highlights]

From Cornell University Law School's website:  http://topics.law.cornell.edu/wex/perjury 

"Generally, a witness in a trial commits perjury when he knowingly and intentionally lies about a material issue. The precise definition of this crime varies by jurisdiction. Federal law prohibits perjury, 18 U.S.C. § 1621, as well as other false declarations before federal courts. § 1623. See Dunn v. U.S., 442 U.S. 100 (1979). See also State Civil Procedure Statutes."

18 USC 1621

§ 1621. Perjury generally

"Whoever—is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
--(1)  having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
--(2)in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;"
Definition from Nolo’s Plain-English Law Dictionary
"The crime of intentionally lying after being duly sworn to tell the truth by a notary public, court clerk, or other official. This false statement may be made in testimony in court, administrative hearings, depositions, or answers to interrogatories, as well as by signing or acknowledging a written legal document (such as an affidavit, declaration under penalty of perjury, deed, license application, or tax return) known to contain false information."
DUNN V. UNITED STATES, 442 U. S. 100 (1979), a governing ruling by the Supreme Court of the United States.  Syllabus and full text:  http://supreme.justia.com/us/442/100/case.html
The Westminster Larger Catechism

Q. 143. Which is the ninth commandment?
A. The ninth commandment is, Thou shalt not bear false witness against thy neighbour.

Q. 144. What are the duties required in the ninth commandment?
A. The duties required in the ninth commandment are, the preserving and promoting of truth between man and man, and the good name of our neighbor, as well as our own; appearing and standing for the truth; and from the heart, sincerely, freely, clearly, and fully, speaking the truth, and only the truth, in matters of judgment and justice, and in all other things whatsoever; a charitable esteem of our neighbors; loving, desiring, and rejoicing in their good name; sorrowing for and covering of their infirmities; freely acknowledging of their gifts and graces, defending their innocency; a ready receiving of a good report, and unwillingness to admit of an evil report, concerning them; discouraging talebearers, flatterers, and slanderers; love and care of our own good name, and defending it when need requireth; keeping of lawful promises; studying and practicing of whatsoever things are true, honest, lovely, and of good report.

Q. 145. What are the sins forbidden in the ninth commandment?

A. The sins forbidden in the ninth commandment are, all prejudicing the truth, and the good name of our neighbors, as well as our own, especially in public judicature; giving false evidence, suborning false witnesses, wittingly appearing and pleading for an evil cause, outfacing and overbearing the truth; passing unjust sentence, calling evil good, and good evil; rewarding the wicked according to the work of the righteous, and the righteous according to the work of the wicked; forgery, concealing the truth, undue silence in a just cause, and holding our peace when iniquity calleth for either a reproof from ourselves, or complaint to others; speaking the truth unseasonably, or maliciously to a wrong end, or perverting it to a wrong meaning, or in doubtful or equivocal expressions, to the prejudice of the truth or justice; speaking untruth, lying, slandering, backbiting, detracting, talebearing, whispering, scoffing, reviling, rash, harsh, and partial censuring; misconstructing intentions, words, and actions; flattering, vainglorious boasting, thinking or speaking too highly or too meanly of ourselves or others; denying the gifts and graces of God; aggravating smaller faults; hiding, excusing, or extenuating of sins, when called to a free confession; unnecessary discovering of infirmities; raising false rumors, receiving and countenancing evil reports, and stopping our ears against just defense; evil suspicion; envying or grieving at the deserved credit of any; endeavoring or desiring to impair it, rejoicing in their disgrace and infamy; scornful contempt, fond admiration; breach of lawful promises; neglecting such things as are of good report, and practicing, or not avoiding ourselves, or not hindering what we can in others, such things as procure an ill name.

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