Alabama Private Investigator Practice Exam

If a declarant wrongly believes that a statement falsification is immaterial, does this defense apply to perjury?

1. Yes

2. No

3. Only in federal cases

4. Only for misdemeanors

The correct answer is: No

The defense of immateriality does not apply to perjury, even if the declarant mistakenly believes that the false statement is immaterial. The law regarding perjury requires that the statement made under oath must be both false and material to the matter at hand. Materiality refers to the significance of the statement in the context of the legal proceedings, meaning that it must have the potential to influence the outcome of the case. When a person commits perjury, their belief about the immateriality of their statement does not absolve them of responsibility. The essence of perjury lies in the act of knowingly providing false information while under oath, and whether or not the declarant believes the information to be immaterial does not negate the intent to deceive. The law emphasizes the importance of truthfulness and the sanctity of sworn statements, rendering claims of a mistaken belief about materiality ineffective as a defense against perjury charges. Thus, the correct understanding aligns with the answer indicating that this defense does not apply.