Review the example in "Example of a Case Lacking an Element of Perjury" with Marcus. Change this example so that Marcus testifies that he did notsee Lindsay walk out of the Macy’s department store without paying for the necklace because he does not want to admit that he was shopping for jewelry to buy his girlfriend. Anthony, the Macy’s civil trial attorney, cross-examines Marcus, and forces him to admit that he saw Lindsay steal the necklace, and that he was lying previously. Marcus has most likely committed perjury in this example. Marcus made a false statement, under a validly administered oath, in a judicial proceeding, with knowledge of its falsity. Marcus’s statement was material because, if believed, it would have helped exonerate Lindsay in her civil case. In many jurisdictions, the trier of fact, which could be a judge or jury, determines whether or not the statement is material. Marcus’s admission that he was lying is not a retraction that could serve as a defense because it was not made until the lie was about to be exposed. Thus all the elements of perjury appear to be present, and Marcus may be subject to prosecution for and conviction of this offense.
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