Does a defendant have a right to testify in his own defense against prosecution for perjury?
MultiRegion, United States of America
The following excerpt is from US v. CASTILLO-BASA, 478 F.3d 1025 (9th Cir. 2007):
"The requirement of sworn testimony, backed by punishment for perjury, is as much a protection for the accused as it is a threat. All testimony, from third-party witnesses and the accused, has greater value because of the witness' oath and the obligations or penalties attendant to it."
[478 F.3d 1048]
United States v. Dunnigan, 507 U.S. 87, 97, 113 S.Ct. 1111, 122 L.Ed.2d 445 (1993) abrogated on other grounds, United States v. Wells, 519 U.S. 482, 117 S.Ct. 921, 137 L.Ed.2d 107 (1997). An acquittal does not constitute an automatic bar against a subsequent prosecution for perjury during that trial. "A defendant's right to testify in his own defense does not include a right to commit perjury." Dunnigan, 507 U.S. at 96, 113 S.Ct. 1111. It does now. My colleagues' analysis is tantamount to overruling this basic precept. Any material lie a defendant uses to get an acquittal whether it relates to an element of the crime or the identity of the perpetrator, will now be immune from prosecution for perjury because after all, the jurors must have believed it in order to acquit.[478 F.3d 1048]
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