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Review the example given with Marcus in "Example of Perjury". Add to this example and assume that Marcus begs Janelle, another witness in Lindsay’s conversion trial, to say that she did not see him at Macy’s the day Lindsay stole the necklace. Janelle flatly refuses. Marcus has not committed subornation of perjury in this case. Although Marcus tried to procure Janelle to commit perjury, with specific intent or purposely, Janelle did not cooperate and did not commit the perjury. Thus the harm element of subornation of perjury is lacking, and Marcus can be prosecuted only for attempted subornation of perjury or solicitation to commit perjury, rather than the completed offense.
Figure 13.8 Comparison of Perjury by Inconsistent Statements and Subornation of Perjury
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