The Truth About Lies in Courtrooms

The Importance of Truth in the Legal System

Truth is the foundation of justice, and nowhere is this more critical than in the courtroom. When a witness takes the stand and swears to tell the truth, their words carry the weight of law. Yet, the sad reality is that lying under oath—perjury—is more common than most realize and is rarely prosecuted. This paradox undermines the judicial system and raises important questions about the role of prosecutorial discretion in maintaining justice.

What Is Perjury?

Perjury occurs when someone knowingly makes a false statement under oath, whether in a courtroom, during a deposition, or in any legal setting. For it to be considered perjury, the lie must be both deliberate and material, meaning it has the potential to influence the outcome of the case. Despite its seriousness, the rarity of perjury prosecutions creates a gap in accountability within the legal system.

Why Isn’t Perjury Frequently Prosecuted?

Prosecutorial Discretion

Prosecutors face tough decisions about which cases to pursue. With limited resources, they often focus on crimes that have a more direct and severe impact on society. Minor instances of perjury, while frustrating, are rarely deemed worth the effort to investigate and prove.

Challenges of Proving Perjury

Successfully prosecuting perjury is no small feat. It’s not enough to show that a statement was false; the prosecution must also demonstrate that the individual knowingly lied and that the lie was material to the case. This requires extensive evidence and corroboration, making such cases time-consuming and resource-intensive.

Resource Constraints

Given the volume of cases the justice system handles, prioritizing high-stakes matters over lies told during routine proceedings is often necessary. Unfortunately, this leaves many instances of perjury unaddressed.

When Does Perjury Get Prosecuted?

Perjury is most likely to lead to prosecution when the falsehood has significant consequences. For example, if a lie under oath results in a wrongful conviction or materially affects the outcome of a high-profile case, prosecutors are more inclined to act. High-stakes cases demonstrate the potential harm caused by perjury and justify the resources needed to pursue charges.

One memorable instance stands out in my career. I once had a divorce and equitable distribution case that became exceedingly petty between the husband and wife. The judge presiding over the case was known for his no-nonsense, strict demeanor and a commanding presence in the courtroom. This particular hearing—the fourth in the matter—involved demonstrable evidence that the wife’s new boyfriend, a witness, intended to lie about being assaulted by the husband’s son on a specific date.

The alleged assault date was impossible because the son was out of state, with photos, airline tickets, and witnesses to confirm his alibi. Typically, the courtroom clerk swears in witnesses under the judge’s instruction, but this time, the judge chose to swear in the witness himself. In an energetic and unforgettable moment, the judge said something along the lines of:

“Do you swear on the Bible, as a Christian man, knowing that lies are not acts that Jesus, the Lord and Savior, ever participated in? And knowing that the Four Horsemen of the Apocalypse will begin the divine judgment of the Lord and that you will be judged before God on Judgment Day if these following words were to be lies?”

The boyfriend affirmed, took the stand, and lied. The falsehood was blatant, more than a matter of “word against word”; it was demonstrably false. The judge, recognizing the gravity of the perjury and having given the witness and extra warning in the swearing-in process, called in a prosecutor. The witness was arrested on the spot, later prosecuted, and ultimately convicted of perjury, resulting in a prison sentence. This was the only time in my career I have witnessed perjury being actively prosecuted.

The lie could have caused significant repercussions for the husband and his son. Most judges would simply discredit such testimony and weigh it accordingly. In contrast, this judge made a rare and decisive move to uphold the sanctity of the courtroom.

Lies in Court: A Common Yet Concerning Reality

Lying under oath has, unfortunately, become a routine occurrence in courtrooms. Witnesses may exaggerate, omit facts, or fabricate stories to gain an advantage. While perjury laws exist to deter such behavior, their inconsistent enforcement diminishes their effectiveness. This reality places a greater burden on attorneys and judges to identify and address dishonesty in real-time.

In many hearings, I have seen judges simply find certain testimony not credible rather than pursue charges. Witnesses contradict themselves under oath, only for their statements to be dismissed as unreliable. I’ve even observed a state trooper’s lies being disproven by recordings, yet the judge still ruled against my client. The trooper was later transferred to a different county and assigned to a different role. These examples highlight how rare perjury prosecutions truly are, even when lies are obvious and impactful.

The Price of Lies in Court

Perjury strikes at the heart of justice, yet its prosecution is rare due to the challenges of proving it and the practicalities of resource allocation. While some lies may seem inconsequential, the ripple effects of dishonesty in the legal system can be profound. At Ley Law, we understand the importance of truth in legal proceedings and are committed to advocating for integrity and justice. If you need skilled representation, contact us today to learn how we can help uncover the truth in your case. Being able to prove the other side is lying is an important skill for your attorney to have. Attorneys and judges must remain vigilant, exposing dishonesty through effective cross-examination and evidence presentation.