Reference no: EM133535170

Question 1

The Element of Intent to commit Perjury

At trial for a person who has been charged with perjury, the jury must decide on the element of intent. That is, did the person know that his or her statement was false at the time the statement was given?

1. The judge will explain to the jury that to answer this question, the jurors must apply an objective standard. What is the question that the jurors must ask themselves on the question of intent?

2. At trial, who has the burden of proving the falsehood of the testimony?

3. What level of proof is required for proving that the testimony was false?

Question 2

SCENARIO: Police Perjury

A police officer arrives at the scene of a report of an assault and observes a woman crying with a bruised eye and a bloody nose. She tells the officer that her boyfriend beat her up. The officer asks the boyfriend, who is still present at the scene, if he assaulted the woman. The boyfriend refuses to answer, but there is blood on his hand and there is nobody else at the apartment. The officer arrests the boyfriend for assault.

At trial, during the officer's testimony, the prosecutor asks, "Did you see who assaulted the woman?"

The police officer replies, "Yes, it was her boyfriend," and then points to the defendant.

QUESTION

1. Did the police officer commit perjury? Explain why or why not.

2. What are the elements of crime.