4 ms·

I have heard that perjury thing before. However, what is the actual consequence of doing that? Also in this particular type of thing? Is it a 'liar liar pant

I have heard that perjury thing before. However, what is the actual consequence of doing that? Also in this particular type of thing? Is it a 'liar liar pants on fire' designation, or some sort of fine, or time in jail? What do the actual statutes say, and what is the case law here?

lazide 3y ago
In California, perjury is a felony punishable by 2,3, or 4 years in jail. [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=126 https://leginfo.legislature.ca.gov/faces/codes_displaySectio....] Theoretically. [https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=7.&part=1.&chapter=5.&article= https://leginfo.legislature.ca.gov/faces/codes_displayText.x...] It’s also explicitly listed as a deportable offense for Green Card holders.
- beeboobaa 3y ago
  Let me know when Sony has been put in jail for 2 years. So far they've been getting away with bogus DMCA notices for years.
  - wredue 3y ago
    Sony lawyers represent Sony so don’t fall under the perjury rule.
  - Sohcahtoa82 3y ago
    You, like many others, are misunderstanding the "perjury" part of the DMCA. It's only perjury if you're don't have legal authority to act on behalf of the company issuing the DMCA takedown. In other words, Sony falsely claiming to have ownership over something is not perjury. Some random person claiming to be working for Sony when they don't and claiming ownership and sending a DMCA takedown is.
  - lazide 3y ago
    Near as I can tell, almost no one wants to prosecute Perjury. Partially because lawyers are so good at weaseling out of it, but secretly I think it’s because lawyers are afraid of what would happen if it was consistently applied. For Family court in particular, I imagine it could turn 1/4 of the state into felons. The only cases I’m aware of were very high profile, ‘successful’ (as in folks believed it, and took action based on it) lies under oath with severe and high profile damages, that later evidence clearly showed was done in bad faith. And by severe and high profile damages, I don’t mean something as simple as a single (non famous) person being dead when they didn’t have to be, unless it’s a huge scandal anyway. [https://www.jstor.org/stable/1142605 https://www.jstor.org/stable/1142605]
qingcharles 3y ago
Perjury cases are very, very rarely prosecuted even in cases where the violation is blatant (from my experience). Occasionally the system works, though. I remember one suspect I knew defending himself against what he said were totally bogus domestic violence charges. The woman came and testified against him and he lost. A week after the trial, and before his sentencing, his lawyer came and told him the government had just disclosed that they had discovered the complainant had three separate perjury convictions in three other states for being caught lying in domestic violence testimony.

lazide 3y ago

In California, perjury is a felony punishable by 2,3, or 4 years in jail. [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=126 https://leginfo.legislature.ca.gov/faces/codes_displaySectio....] Theoretically. [https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=7.&part=1.&chapter=5.&article= https://leginfo.legislature.ca.gov/faces/codes_displayText.x...] It’s also explicitly listed as a deportable offense for Green Card holders.

beeboobaa 3y ago
Let me know when Sony has been put in jail for 2 years. So far they've been getting away with bogus DMCA notices for years.
- wredue 3y ago
  Sony lawyers represent Sony so don’t fall under the perjury rule.
- Sohcahtoa82 3y ago
  You, like many others, are misunderstanding the "perjury" part of the DMCA. It's only perjury if you're don't have legal authority to act on behalf of the company issuing the DMCA takedown. In other words, Sony falsely claiming to have ownership over something is not perjury. Some random person claiming to be working for Sony when they don't and claiming ownership and sending a DMCA takedown is.
- lazide 3y ago
  Near as I can tell, almost no one wants to prosecute Perjury. Partially because lawyers are so good at weaseling out of it, but secretly I think it’s because lawyers are afraid of what would happen if it was consistently applied. For Family court in particular, I imagine it could turn 1/4 of the state into felons. The only cases I’m aware of were very high profile, ‘successful’ (as in folks believed it, and took action based on it) lies under oath with severe and high profile damages, that later evidence clearly showed was done in bad faith. And by severe and high profile damages, I don’t mean something as simple as a single (non famous) person being dead when they didn’t have to be, unless it’s a huge scandal anyway. [https://www.jstor.org/stable/1142605 https://www.jstor.org/stable/1142605]

qingcharles 3y ago

Perjury cases are very, very rarely prosecuted even in cases where the violation is blatant (from my experience). Occasionally the system works, though. I remember one suspect I knew defending himself against what he said were totally bogus domestic violence charges. The woman came and testified against him and he lost. A week after the trial, and before his sentencing, his lawyer came and told him the government had just disclosed that they had discovered the complainant had three separate perjury convictions in three other states for being caught lying in domestic violence testimony.