Debunking the Perjury-Trap Myth

Billy Joe McLain
Vol. 88, Issue 4
Note appears in Issue 4
88 Texas L. Rev. 883 (2010)

 In this Note, McLain explores the use of the perjury-trap defense in criminal prosecutions.  Courts and commentators have defined the perjury-trap defense as deriving from either a due process or Fifth Amendment right.  Additionally, the defense has been raised in several criminal prosecutions.  However, immaterial testimony is a necessary element of the perjury trap but does not constitute perjury, making the perjury-trap defense superfluous.  Accordingly, McLain argues that defense counsel should never raise the perjury-trap defense.

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