> Perjury, as a Federal crime, is defined under 18 USC § 1621 [1], which, to my reading, is silent about whether the commission of perjury results in a miscarriage of justice or not.
So it seems. In researching this, I see that the "miscarriage of justice" issue has two effects -- it often determines whether a case of perjury is pursued at all, and it affects the nature of the punishment (the sentencing phase). But it's not part of the formal definition that might lead to a determination of guilt. So I was wrong to state it the way I did earlier.
The "miscarriage of justice" issue is important, but it's not part of the definition of perjury -- it only affects whether a case is pursued by a prosecutor, and it may then influence the punishment.
So it seems. In researching this, I see that the "miscarriage of justice" issue has two effects -- it often determines whether a case of perjury is pursued at all, and it affects the nature of the punishment (the sentencing phase). But it's not part of the formal definition that might lead to a determination of guilt. So I was wrong to state it the way I did earlier.
The "miscarriage of justice" issue is important, but it's not part of the definition of perjury -- it only affects whether a case is pursued by a prosecutor, and it may then influence the punishment.
Thanks for posting and correcting me.