If a written complaint is acknowledged by the complainant to be inaccurate when questioned by a District Court judge, wouldn't it be suborning perjury for a prosecuting attorney to ask and allow the same complainant to testify otherwise before an Appellate Court?
Country relating to Question: United States
State (if USA): Virginia
Thank you for your question.Arguably, yes, this could be suborning perjury. The facts would have to be very specific. Following your example, the questioning attorney would have to wrongfully induce the plaintiff to commit this perjury, and the statement would have to infact be perjurious. The Testimony could not be an opinion statement and would have to be actual false testimony.
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Original complaint: "She threw the glass of beer on me and the glass hit my head."
Initial proceedings: Judge asked if that was what happened and she said that it was written for her and she was nervous, but that the glass did not hit her.
Appeals: Judge asked her (and she was represented by a prosecuting attorney) if the written statement was factual and she replied that it was and indicated the center of her forehead as the location where the glass had made impact.
btw... the judicial system is anything but just...
I very much agree with you on that last sentiment, today particularly.One of the statements must be perjurious unless her recollection happened to change about the event in between testimonies. Your question was regarding suborning perjury, and that would only have happened if the second statement was false, and the attorney persuaded her to make that false testimony, knowing the statement would be false.
General practice experience in many areas of law
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