Percoco Highlights Pre-Verdict Remedies For False Testimony

By Avi Weitzman (March 28, 2018, 2:23 PM EDT) -- Few would dispute that the government's reliance on false testimony in a criminal trial is a fundamental corruption of its truth-seeking mission and debases the criminal justice system.[1] Perjury fundamentally "pollutes a trial, making it hard for jurors to see the truth."[2] Perjury thus must never be suborned, and upon its discovery, a government prosecutor — whose sole mission is to ensure that "justice shall be done," not to win at all costs — has a duty to correct that testimony.[3] This duty extends to correcting known misstatements that go to the credibility of its witnesses, not just to substantive evidence, for "the prosecution's fundamental responsibility [is] to promote justice, fairness, and truth."[4]...

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