DEFENSE OF RETRACTION AND LACK OF DEFENSE

DEFENSE OF RETRACTION AND LACK OF DEFENSE: PERJURY: H.R.S. §§ 710-1064, 710-1068 A. Defense It is a defense to a prosecution for perjury, if the Defendant retracted the falsification in the course of the same proceeding before discovery of the falsification became known to him/her. "In the course of the same proceeding" includes separate hearings at separate stages of the same official or administrative proceeding but does not include any stage of the proceeding after the close of the evidence. The burden is upon the prosecution to prove beyond a reasonable doubt that the Defendant did not retract the falsification in the course of the same proceeding before discovery of the falsification became known to him/her. If the prosecution does not meet its burden, then you must find the Defendant not guilty. B. Not a Defense It is not a defense to a prosecution for perjury, if: [1. The Defendant was not competent, for reasons other than lack of penal responsibility, to make the false statement alleged;] [2. The statement was inadmissible under the law of evidence;] [3. The oath was administered or taken in an irregular manner;] [4. The person administering the oath lacked authority to do so, if the taking of the oath was required or authorized by law.] Notes H.R.S. §§ 710-1064, 710-1068.