by masonblue Phone call with Trayvon Martin's girlfriend and Martin family attorney Benjamin Crump
Saturday, March 9, 2013
Today, we are going to take a tour of the Florida perjury statutes to clear up any lingering confusion caused by the troll yesterday regarding the law and its possible application to DD.
Keep in mind that I believe the evidence will show that she did not lie about anything, much less commit perjury and I believe the U.S. media has been grossly irresponsible in reporting that she did. Nevertheless, the false accusation has been made and I am going to hopefully refute and bury it forever.
Keep in mind that all federal and state crimes are defined by statutes passed by both houses of a bicameral legislature and signed into law by an executive (president or governor). They are enacted pursuant to the police power granted to the legislative body by the federal or state constitution.
Federal courts have jurisdiction to decide cases involving violations of federal offenses and state courts have jurisdiction to decide cases involving violations of state offenses.
All criminal statutes consist of elements that the prosecution must prove beyond a reasonable doubt to convict a defendant. The elements consist of a particular state of mind (mens rea) and a prohibited act (actus reus).
The Florida perjury statute sets forth two general categories of offenses: perjury and false statements. Perjury is the more serious offense because it consists of the base offense (a false statement) with additional elements (oath and subject matter materiality).
Perjury is subdivided into 3 categories: perjury in official proceedings, perjury not in official proceedings and perjury by contradicting statements.
The false statements category also is subdivided into 3 categories: false reports to law enforcement authorities, false information to law enforcement during an investigation, and false official statements.
Notice that the basis for distinguishing these false-statement offenses from ordinary everyday lying is the element of the offense that specifies to whom the lie is communicated.
That is, mere lying is not a criminal offense.
Now, let us take a look at each of the offenses beginning with the false statements that define the boundary between lies without criminal consequences and lies with criminal consequences.