Memorandum of Law: Perjury

61817255778500 Whalling Law Group, PLLC 3300 West Lakeview Blvd. Office 221B Phoenix, AZ 85017 Memorandum of Law To: Kevin Whalling, Esq. From: [Student Name] Date: 2ND September, 2024 Subject: Perjury Charge for Mr. Bill Flinton Issue Mr. Bill Flinton is charged with a criminal offense of perjury when he uttered a false statement whilst on oath in a paternity proceeding. The question that arises here is whether Mr. Flinton can be convicted of perjury under Arizona law and what penalty he is liable for in case he is convicted. Facts It is a criminal act involving a deliberate and wilful act of making a statement that is false under oath, relating to a material fact in a legal process. In the federal legal system of the United States, perjury is prosecuted Under U.S. federal law (18 U.S.C. § 1621) which defines it as the making of any materially false statement under oath or in any arbitration proceeding that the maker did not believe to be true. In Arizona, perjury is provided for in Revised Statutes § 13-2702 (2023), a felony crime of the fourth degree. The critical elements of perjury include: * The defendant has given an affidavit in his statement. * The statement was false. * The statement was, therefore, regarding a material fact; this is a fact that can impact the result of the proceeding. * The defendant was aware that the statement being made was false when it was made. The deceitful or false statements comprised oral statements given under oath, written statements in the form of affirmations, or written statements in the form of affidavits. In Mr. Flinton’s case, this may be about a paternity suit, where his perjury probably refers to material facts because establishing the paternity aspect of t...