John is called to the stand and is sworn in.The case involves a charge of running a red light and John is the state's main witness against the defendant.When the prosecutor asks John what color the light was when the defendant went through it,John says,"I'm not sure." The prosecutor refers to John's statement at the time,where John told police that the light was red.John says that he doesn't remember giving a statement to the police.Can John be prosecuted?

Question

Quizplus · Accepted Answer

John's testimony does not amount to perjury because he did not give false testimony under oath. He simply stated that he was not sure about the color of the light, which is not a deliberate falsehood. Furthermore, there is no evidence to suggest that John's lack of memory about the police statement was deliberate, so he cannot be prosecuted for witness tampering or obstruction of justice.

John Is Called to the Stand and Is Sworn In Case