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DU Home » Latest Threads » Forums & Groups » Topics » Race & Ethnicity » African American (Group) » A Question about Pres. Ob... » Reply #4

Response to brush (Reply #3)

Mon Dec 22, 2014, 05:33 PM

4. It's not that simple ...

 

The crime of "Suborning perjury" is, INDUCING, or attempting to induce, a witness to give false testimony under oath in a court or other proceeding, and the witness actually gives false testimony.

Simply, "allowing" someone to give testimony that one suspects to be untruthful, even if there is a strong suspicion, is not a crime. It is/can be, however, a (non-criminal) violation of the Code of Profession Conduct, punishable by civil sanction(s).

Here is a good lay-person's explanation: http://www.criminaldefenselawyer.com/resources/suborning-perjury.htm

Note:

(From the primer:

Most of the time, merely knowing that someone else is planning on committing perjury, without trying to make it happen, will not amount to suborning perjury. But the rule changes when an attorney knows that his client or any witness the lawyer intends to call plans to lie under oath.

Attorneys have a special duty as officers of the court. Not only are they barred from trying to influence a witness to lie under oath, they also must not call a witness whom they know or believe will lie under oath. And, once an attorney learns that a client or any witness intends to lie under oath, the attorney must inform the witness of the consequences of committing perjury and advise the witness not to do so.


And that "out" is satisfied by merely making a statement at the beginning, or end of the testimony, that is practically indistinguishable from the swearing in of the witness.

I'm sure the DOJ should be able to do something with that at least put pressure on the county to assign a special prosecutor and reconvene the grand jury that won't be manipulated by a prosecutor with an agenda.


IMO, the DoJ can, at most, do what could be batter accomplished by the family of Michael Brown (though I doubt they have the stomach for it, as it merely revisits the wound) ... call a press conference in which they announce that they are filing a Bar Association complaint against McCollum ... which would, as you mention, put pressure on the county to assign a special prosecutor and reconvene the grand jury that won't be manipulated by a prosecutor with an agenda.

For the DoJ to do so, would make it an easily dismissible political stunt.

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Jamaal510 Dec 2014 OP
brush Dec 2014 #1
1StrongBlackMan Dec 2014 #2
brush Dec 2014 #3
LineLineLineLineNew Reply It's not that simple ...
1StrongBlackMan Dec 2014 #4
brush Dec 2014 #5
1StrongBlackMan Dec 2014 #6
brush Dec 2014 #7
1StrongBlackMan Dec 2014 #8
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