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Underage Drinking/Perjury

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Superficiality0

Junior Member
What is the name of your state? Pennsylvania

I am a university student in the PA area(Towards the NW, if you're interested) and I was given a recent assignment that I would appreciate help on. I'm to write a paper detailing a legal situation, randomly selected. Mine was, in brief, a fourteen year old found with a .007% blood alcohol level. The claim is made that the drinks in question were spiked. While the assignment does not detail whether the defendant is guilty or not, it does ask for a short paragraph or so detailing perjury, in the event that (s)he is lying. This isn't particularly pressing as the paper isn't due for some time, but if anyone has any information they could contribute I would be rather grateful.
 


stealth2

stealth2

Under the Radar Member
Google is your friend, sweetheart. You'll get much more out of the assignment if you do your own homework.
 
C

CavemanLawyer

Senior Member
You can perjure yourself through any sworn statement. So if the defendant submitted a sworn affidavit or testified in a pretrial hearing or at trial, and claimed that someone spiked his/her drink than that would literally be perjury, but realistically it would be exceptionally rare for someone to be charged with perjury for falsely testifying to a defense theory when the underlying charge is a minor one.

It would not be perjury for the individual to lie to their attorney saying that their drink was spiked, and let the attorney argue that in trial. Even if the attorney knows it is false, he/she can still raise it as a possible defense, not saying exactly that it is what happened, but rather submitting it as a possible theory to show that the State did not prove their theory of the case beyond a reasonable doubt.
 
M

moburkes

Senior Member
CavemanLawyer said:
You can perjure yourself through any sworn statement. So if the defendant submitted a sworn affidavit or testified in a pretrial hearing or at trial, and claimed that someone spiked his/her drink than that would literally be perjury, but realistically it would be exceptionally rare for someone to be charged with perjury for falsely testifying to a defense theory when the underlying charge is a minor one.

It would not be perjury for the individual to lie to their attorney saying that their drink was spiked, and let the attorney argue that in trial. Even if the attorney knows it is false, he/she can still raise it as a possible defense, not saying exactly that it is what happened, but rather submitting it as a possible theory to show that the State did not prove their theory of the case beyond a reasonable doubt.
Click to expand...
We don't do homework. That defeats the purpose of assigning the work.
 
C

CavemanLawyer

Senior Member
If the ADMIN or a MODERATOR wants to make such a rule or delete this thread than that is fine but unless that happens than I think I'm allowed to answer a simple question if I choose to, regardless of how that information is going to be used.
 
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