Perjury and subornation of perjury were both crimes at common law, but one was considered more serious than the other. Which one? Why? Do you agree with the common law view? Explain your position
What will be an ideal response?
• Answers will vary (in particular, this question is designed to elicit very subjective opinions. The student should be graded on the discussion of the core issues, not regarding his or her specific opinions).
• Students will invariably be split on this issue. Some will think personally lying on a witness stand is worse than asking someone else to do it. Others will adopt the common law view that subornation of perjury is more egregious because the accused is not only suborning perjury, but a second crime is being manufactured and then committed by the one encouraged to knowingly and willfully perjure himself or herself.
• The common law viewed subornation of perjury as the more serious offense because it was a "more socially degrading crime," which is another way of saying one person with corrupt and illegal intent spreads that moral wrong to another.
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