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Re: busted for moving between cars at Woodlawn......

Posted by trainsarefun on Sun Dec 16 16:41:43 2007, in response to Re: busted for moving between cars at Woodlawn......, posted by AMoreira81 on Sun Dec 16 16:22:33 2007.

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Perhaps. But plenty of people make materially false statements under oath. To be sure, I don't condone, and in fact, I condemn, the practice of doing so, especially when attorneys know, or should know, better than to aid and abet games like that.

In reality, people reduce the risk of perjury by testifying to things that aren't verifiable. Say that X gets issued a ticket by C and that X contests the violation through the administrative hearing. X testifies that the car he was occupying before he moved didn't have its heat operating very well or that it was operating too well. C is asked what he felt about the temperature of the cars and says that they felt fine, but when pressed, concedes that he couldn't say whether the cars were abnormal in terms of temperature. So now X says the original car was too hot/cold and C can't verify or refute that. The hearing officer/AJ/whatever other title could adjourn to find out what the NYCT records say, but that's only indirect, and the AJ is paid to dispose of cases quickly, so the case gets disposed of, one way or the other.

Anyway, lots of such games are played, both high stakes and not. Seldom are there perjury or similar charges brought and prosecuted, unless the prosecution has some political motivation, e.g., Martha Stewart (giving false statements during the course of an investigation) and the rapper woman (perjury, I think). And then, there's all sorts of fun and games that represented parties play in discovery, where the sanctions are really piddling compared to the potential reward for misbehavior. In the end, the system needs honor, and unfortunately honor is in short supply.



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