Offering false statements underneath oath inside authorized proceedings constitutes a criminal offense. Particularly, in home relations instances, making untruthful declarations carries vital authorized ramifications. Such actions undermine the integrity of the judicial course of and might result in extreme penalties for the person concerned. As an illustration, if a mother or father knowingly gives false details about their earnings to keep away from baby assist obligations, they might be topic to prosecution.
Sustaining honesty and accuracy in court docket is paramount. The court docket system depends on truthful testimony to make knowledgeable choices that impression households and kids. Historic precedents and authorized frameworks emphasize the significance of veracity in authorized settings. Upholding this precept ensures equity and fairness for all events concerned within the case. Deceitful testimony compromises the basic targets of justice throughout the household court docket system.
The next sections will delve into the particular penalties one may face for making false statements, together with potential prison expenses, impacts on the rapid household legislation case, and long-term repercussions on one’s authorized standing. Understanding these penalties is crucial for all individuals within the authorized course of.
1. Legal expenses filed
When a person chooses to deviate from the reality whereas underneath oath in household court docket, they expose themselves to extra than simply unfavorable rulings. The choice to commit an act of dishonesty opens the door to the potential for formal prison accusations. This escalation dramatically alters the panorama of the authorized battle, remodeling what started as a home matter into a possible prison prosecution.
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Initiation of a Legal Investigation
After the perjury has been suspected or uncovered, usually via contradictory proof or witness testimony, the court docket or opposing counsel might provoke a proper investigation. Legislation enforcement companies, usually native police or the district lawyer’s workplace, then start gathering proof to find out whether or not a criminal offense has been dedicated. This course of contains interviewing witnesses, reviewing court docket transcripts, and scrutinizing any out there documentation. The investigation acts as a big turning level, marking the shift from a civil dispute to a possible prison case.
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Formal Accusation and Arraignment
If the investigation yields adequate proof, the person who supplied the false testimony could also be formally charged with the crime. The particular cost will fluctuate based mostly on the jurisdiction and the severity of the falsehood. The arraignment follows, the place the defendant is formally offered with the fees, knowledgeable of their rights, and given the chance to enter a plea. The defendant’s actions are actually considered not merely as a misstep inside a household matter however as an offense towards the state’s justice system.
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Burden of Proof
In a prison case, the burden of proof rests on the prosecution to show past an inexpensive doubt that the defendant knowingly and deliberately made false statements underneath oath. This normal is considerably greater than the preponderance of the proof normal utilized in civil instances like these in household court docket. Efficiently proving perjury requires establishing not solely the falsity of the assertion but in addition the intent to deceive, which might contain presenting corroborating proof or demonstrating motive. The excessive normal necessitates an intensive and compelling case, putting further strain on the prosecution.
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Potential Penalties Upon Conviction
A conviction for offering false statements can result in quite a lot of penalties. These might embody incarceration, starting from days in jail to years in jail, relying on the severity of the perjury and the jurisdiction’s sentencing tips. Monetary penalties, reminiscent of substantial fines, might also be imposed. Moreover, a prison report ensuing from a perjury conviction can have long-term penalties, affecting employment prospects, skilled licensing, and the flexibility to journey internationally. The ripple results of a perjury conviction prolong far past the rapid courtroom setting.
The development from a household court docket dispute to prison expenses showcases the gravity with which the authorized system regards truthfulness. A single occasion of deception can set off a series of occasions resulting in arrest, prosecution, and probably, a life-altering conviction. People who ponder offering false statements should rigorously weigh the extreme and lasting ramifications of such an motion. The pursuit of a desired end result in household court docket ought to by no means come at the price of honesty and integrity.
2. Imprisonment penalties
The specter of imprisonment looms giant within the aftermath of creating false statements underneath oath in household court docket. It represents probably the most extreme finish of a spectrum of penalties, a tangible consequence for undermining the very basis of justice. The hyperlink is direct and unforgiving: deliberate dishonesty, confirmed and prosecuted, can strip away freedom, confining a person throughout the partitions of a correctional facility. This potential lack of liberty serves as a stark deterrent, a warning etched into the authorized panorama.
Think about the case of a contentious divorce the place one get together, determined to retain custody of their kids, manufactures proof of the opposite mother and father unfitness. If this fabrication is revealed in court docket, and efficiently prosecuted as perjury, the results prolong far past a easy lack of the custody battle. The perjurer faces the potential for incarceration, the size of which is dictated by elements such because the severity of the false assertion, the impression on the case, and the jurisdiction’s sentencing tips. This time spent incarcerated just isn’t merely a punishment; it’s a reckoning for making an attempt to govern the authorized system, a system constructed upon the presumption of reality.
The specter of imprisonment, due to this fact, is greater than only a authorized footnote. It is a central ingredient of the deterrent mechanism towards dishonesty in household court docket. It underscores the gravity with which the authorized system views the pursuit of non-public achieve on the expense of reality. Understanding this potential consequence just isn’t merely tutorial; it is a sensible necessity for anybody getting into a courtroom, a reminder that honesty is not only an ethical crucial, however a authorized one, with the potential for profound implications on one’s freedom.
3. Impression on case end result
The pursuit of a positive judgment in household court docket can generally overshadow the sanctity of reality. But, the ripple results of dishonesty, particularly making false statements, resonate most profoundly within the very enviornment the place the deceit was sown: the case’s final decision. This impression just isn’t merely a theoretical consideration however a tangible actuality, shaping the long run trajectories of households and people entwined in authorized battles.
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Erosion of Belief and Credibility
When falsehoods floor, the inspiration of belief upon which the complete case rests begins to crumble. The presiding choose, tasked with discerning reality from fabrication, inevitably views the perjurer with suspicion. Each subsequent assertion, piece of proof, or argument offered by that particular person turns into tainted. This erosion of belief extends past the rapid courtroom, influencing how opposing counsel, witnesses, and even future courts understand the perjurer. A historical past of dishonesty casts a protracted shadow, probably undermining future authorized endeavors and private relationships. The burden of regaining misplaced credibility is commonly insurmountable, eternally altering the panorama of the case.
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Nullification of Favorable Rulings
Suppose a mother or father secures a custody association based mostly on fabricated allegations of abuse towards the opposite mother or father. Ought to that deceit be uncovered, the custody order, nevertheless favorable initially, is topic to rapid re-evaluation. The court docket, recognizing the manipulation, has the ability to nullify the prior ruling, probably awarding custody to the wronged mother or father or implementing a drastically totally different association. The pursuit of a short-term victory via dishonesty may end up in a much more devastating long-term loss, because the court docket seeks to rectify the injustice and defend the susceptible events concerned.
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Compromised Negotiations and Settlements
Household legislation instances incessantly contain negotiations and settlement discussions geared toward reaching a mutually agreeable decision. Offering false statements poisons the effectively of those negotiations. The opposing get together, conscious of the dishonesty, turns into much less inclined to compromise or make concessions, suspecting ulterior motives and hidden agendas. All the course of turns into adversarial and protracted, delaying decision and rising authorized prices. What may need been a easy path in direction of settlement turns into a treacherous terrain riddled with mistrust and animosity.
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Authorized Ramifications and Appeals
The revelation of false statements can set off authorized challenges and appeals geared toward overturning earlier choices. The wronged get together, armed with proof of dishonesty, can petition the court docket to rethink the case in mild of the brand new proof. These appeals can drag on for months and even years, prolonging the emotional and monetary pressure on all events concerned. The preliminary act of dishonesty, meant to expedite a positive end result, as a substitute opens the door to extended authorized battles and the ever-present risk of reversal. The pursuit of a swift victory turns into a quagmire of authorized complexities.
Dishonesty in household court docket would not merely vanish into the report books. It reverberates via each facet of the case, impacting not solely the rapid end result but in addition the long-term well-being of the people concerned. The results are far-reaching, able to remodeling a seemingly advantageous place right into a authorized and private catastrophe. In the end, the search for justice calls for adherence to reality, for it’s upon that basis that equitable resolutions and lasting peace will be constructed.
4. Lack of credibility
The courtroom stood silent, save for the rustle of papers and the hushed whispers amongst observers. A father, embroiled in a bitter custody dispute, had offered what appeared like irrefutable proof of the mom’s neglect. The case hinged on these accusations, and for a time, it appeared the daddy would prevail. However then got here the unraveling. A discrepancy, a forgotten element, a witness courageous sufficient to talk the reality – all converged to show the daddy’s fabrications. It wasn’t simply that his proof was flawed; it was demonstrably, deliberately false. In that second, one thing invaluable was misplaced: credibility. This loss, inextricably linked to offering false statements, turned his defining attribute within the eyes of the court docket.
The lack of credibility in household court docket acts as a multiplier for each different consequence stemming from dishonesty. It isn’t merely a parallel impact however a foundational shift in how a person is perceived. Authorized professionals start viewing this particular person via a lens of suspicion. Any future argument, piece of proof, or testimony is now burdened by the load of that preliminary deceit. Think about a situation the place a celebration downplays their earnings to keep away from spousal assist obligations. If this falsehood is revealed, and the court docket acknowledges the intent to deceive, the ramifications prolong past merely paying the owed assist. The person’s credibility is shattered, impacting their potential to barter pretty, obtain favorable rulings on different issues (reminiscent of visitation rights), and even be taken critically in future authorized disputes. The loss turns into a self-perpetuating cycle, the place previous dishonesty casts a perpetual shadow on current and future actions.
The story of the daddy, and numerous others like him, underscores a basic reality: the pursuit of authorized benefit via dishonesty is a pyrrhic victory. For whereas a short lived benefit is perhaps gained, the long-term value – a completely tarnished repute and diminished credibility – far outweighs any short-term features. The household court docket system, whereas advanced and sometimes emotionally charged, rests on the bedrock of reality and integrity. Undermining that basis not solely invitations authorized penalties but in addition erodes the very material of belief mandatory for truthful and simply resolutions. Restoring misplaced credibility is an arduous, usually inconceivable activity, leaving an enduring scar on one’s authorized and private life. The lesson stays: reality, although generally tough, is the one sustainable path via the authorized maze of household court docket.
5. Monetary penalties imposed
The courtroom buzzed with a nervous power. Elena, a single mom combating for custody of her kids, had been caught in a lie. Shed exaggerated her ex-husbands consuming habits, hoping to sway the choose in her favor. The deception, nevertheless, was short-lived. A former neighbor testified to Elena’s personal struggles with dependancy, portray a far totally different image than the one she offered. The choose, visibly displeased, did not simply rule towards Elena; he levied a considerable superb. This was greater than a mere slap on the wrist. It was a tangible consequence instantly linked to her deliberate act of dishonesty: monetary penalties imposed for making false statements in household court docket. The quantity, calculated based mostly on the severity of the lie and the potential impression on the case, was vital, threatening to destabilize her already precarious monetary scenario.
These monetary penalties are usually not arbitrary. They function a deterrent, a stark reminder that reality issues throughout the judicial system. The court docket understands that dishonest testimony can lengthen authorized proceedings, enhance prices for all events concerned, and finally, undermine the pursuit of justice. Think about a situation the place a celebration intentionally hides belongings throughout a divorce to keep away from equitable distribution. As soon as uncovered, that deception not solely results in a much less favorable settlement but in addition topics the person to monetary sanctions. These can embrace fines payable to the court docket, reimbursement of the opposing get together’s authorized charges incurred whereas uncovering the fraud, and even punitive damages designed to punish the dishonest conduct. Such penalties serve a twin function: compensating the wronged get together and discouraging comparable conduct in future instances. They underscore the court docket’s dedication to sustaining the integrity of the authorized course of.
Understanding the potential for monetary penalties is essential for anybody concerned in household court docket proceedings. Its a reminder that honesty is not only an ethical crucial however a sensible one. The attract of a seemingly advantageous lie will be tempting, however the long-term prices each monetary and reputational are sometimes far higher than any perceived profit. The story of Elena serves as a cautionary story. Her try to govern the court docket not solely backfired spectacularly but in addition left her going through vital monetary hardship, a consequence instantly linked to her act of offering false statements. The load of that call would form her future for years to return, a stark reminder that reality, whereas generally tough, is at all times the extra prudent path.
6. Broken household relationships
The results of creating false statements in household court docket ripple outward, impacting excess of simply authorized outcomes. Among the many most devastating is the corrosive impact on interpersonal connections, notably the intricate internet of relationships inside a household unit. What begins as an try to realize a bonus in a authorized battle can unravel years of belief and affection, forsaking irreparable fractures and lasting resentment.
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Father or mother-Youngster Alienation
Think about a situation the place one mother or father falsely accuses the opposite of abuse, hoping to safe sole custody. Even when the accusation is finally disproven, the injury is finished. The kid might have been uncovered to the allegations, resulting in concern, confusion, and a distorted notion of the accused mother or father. This may end up in alienation, the place the kid actively rejects or avoids contact with the focused mother or father, usually fueled by delicate (or not-so-subtle) manipulation. The bond between mother or father and baby, as soon as a supply of affection and safety, turns into strained and fraught with rigidity, a consequence instantly stemming from the false assertion made in court docket.
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Sibling Discord
Household court docket battles usually pit siblings towards each other. When one sibling gives false testimony to assist a mother or father’s declare or to realize a bonus in an inheritance dispute, it could possibly shatter the fraternal bond. The betrayed sibling might really feel anger, resentment, and a deep sense of betrayal. The shared historical past and sense of loyalty that after outlined their relationship are changed by distrust and animosity. Repairing this injury will be extremely tough, because the false assertion turns into a everlasting stain on their shared previous.
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Spousal Resentment and Breakdown of Belief
In divorce proceedings, dishonesty is sadly frequent. One partner may falsely accuse the opposite of infidelity, monetary mismanagement, or substance abuse. Even when the accused partner is finally vindicated, the accusation leaves an enduring scar. The belief that fashioned the inspiration of the wedding erodes, changed by suspicion and bitterness. Rebuilding that belief, even within the context of a post-divorce co-parenting relationship, turns into practically inconceivable. The false assertion turns into a logo of the betrayal and animosity that finally destroyed the wedding.
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Prolonged Household Fallout
The impression of perjury extends past the rapid household unit, affecting grandparents, aunts, uncles, and cousins. False accusations can divide households alongside partisan strains, with some members siding with the accused and others with the accuser. This may result in estrangement, vacation gatherings stuffed with rigidity, and a common sense of unease throughout the prolonged household community. The false assertion turns into a wedge, driving aside people who have been as soon as intently related.
These fractured relationships function a stark reminder of the devastating penalties of creating false statements in household court docket. What begins as a authorized technique can rapidly escalate into a private tragedy, forsaking a legacy of ache and resentment that may final for generations. The pursuit of a positive end result ought to by no means come at the price of honesty and integrity, for the true value of perjury is commonly measured not in authorized penalties, however within the damaged bonds of household.
Steadily Requested Questions About False Statements in Household Courtroom
The world of household court docket is commonly fraught with emotional complexities. Amidst custody battles, divorce proceedings, and assist disputes, the temptation to bend the reality can come up. Nonetheless, the results of creating false statements underneath oath are extreme. These incessantly requested questions purpose to make clear the ramifications of such actions.
Query 1: Is offering false details about earnings thought-about a false assertion if offered in household court docket?
Sure. A girl, embroiled in a contentious divorce, drastically understated her earnings on official court docket paperwork. This misrepresentation, meant to reduce spousal assist obligations, constituted a deliberate try to deceive the court docket. Proof surfaced revealing hidden financial institution accounts and unreported earnings. Her actions met the authorized definition of perjury. Submitting false monetary data, underneath oath, carries the identical weight as another type of deliberate falsehood within the eyes of the legislation.
Query 2: Can a press release be thought-about a false assertion whether it is later confirmed to be inaccurate, however was believed to be true on the time it was made?
No, not essentially. A person, whereas testifying about his ex-wife’s residing preparations, said that she had a number of in a single day visitors every week. Later investigation revealed that he had overestimated the frequency of those visits. If it may be confirmed that he genuinely believed his assertion to be correct on the time, even when mistaken, it could be unlikely to be thought-about a deliberate falsehood. The essential ingredient is intent. For a press release to represent an act of dishonesty, it should be confirmed that the person knew the knowledge was false and deliberately offered it as reality.
Query 3: What’s the distinction between making a false assertion and easily exaggerating or embellishing a narrative?
The road will be blurry, however the authorized distinction is critical. A father, recounting an incident involving his baby and the kid’s mom, embellished the story to painting himself as extra heroic and the mom as extra neglectful. Whereas his account was exaggerated, the core information remained true. Exaggeration, whereas ethically questionable, differs from a direct, demonstrable falsehood. Offering false data entails stating one thing as truth that’s demonstrably unfaithful, with the intent to deceive. The previous might injury credibility; the latter invitations authorized repercussions.
Query 4: If a celebration recants or corrects a false assertion earlier than it considerably impacts the case, does it negate the potential for prison expenses?
Recanting a false assertion can mitigate the potential penalties, nevertheless it doesn’t assure immunity from prosecution. A girl, realizing she had misrepresented her historical past with substance abuse throughout a custody listening to, instantly corrected her testimony. Whereas her immediate recantation demonstrated a willingness to rectify her mistake, the choice to pursue prison expenses finally rests with the prosecuting lawyer. Components such because the severity of the preliminary falsehood, the timing of the recantation, and the potential impression on the case will all be thought-about.
Query 5: Can a lawyer be held accountable in the event that they unknowingly current false data supplied by their consumer in household court docket?
Legal professionals function underneath moral obligations to symbolize their purchasers zealously, however this obligation doesn’t prolong to knowingly presenting false data. If a lawyer moderately believes their consumer is being dishonest, they’ve a accountability to research and probably withdraw from the case. If, nevertheless, a lawyer unknowingly presents false data supplied by their consumer, they’re typically not held liable, supplied they acted in good religion and had no motive to suspect the knowledge was unfaithful. The accountability for veracity lies primarily with the person offering the testimony.
Query 6: Moreover prison expenses, what different detrimental penalties may end up from making false statements in household court docket?
Past the specter of imprisonment and monetary penalties, there exists a cascade of potential repercussions. A person, caught offering false details about his monetary belongings, confronted not solely authorized sanctions but in addition irreparable injury to his repute. His skilled license was revoked, and his relationships with relations turned strained. The lack of credibility, the erosion of belief, and the social stigma related to dishonesty can have long-lasting results, far outweighing any perceived short-term features from the false assertion.
These questions illustrate the gravity of truthfulness in household court docket. Making false statements, whether or not intentional or reckless, can have devastating penalties, impacting authorized outcomes, private relationships, and future alternatives. Honesty, whereas generally tough, stays the one sustainable path via the complexities of household legislation.
The next part will delve into methods for navigating household court docket proceedings with integrity, making certain that reality and equity prevail.
Navigating Household Courtroom with Integrity
Household court docket is a high-stakes enviornment. Feelings run excessive, and the need to guard one’s pursuits will be overwhelming. However the pursuit of a positive end result must not ever come on the expense of reality. The next ideas supply steering on navigating household court docket proceedings with integrity, serving to to keep away from the devastating penalties of creating false statements.
Tip 1: Scrutinize Each Doc
Earlier than signing any affidavit, monetary assertion, or different authorized doc, meticulously assessment each element. Guarantee accuracy and completeness. Don’t rely solely on reminiscence or assumptions. If not sure a couple of specific piece of knowledge, seek the advice of with authorized counsel or collect supporting documentation. A small oversight will be misinterpreted as a deliberate try to mislead, resulting in damaging repercussions. A person, speeding to file his monetary disclosure, inadvertently underestimated his earnings. Although unintentional, the error raised suspicion and extended the proceedings. Double-checking and in search of skilled steering may have prevented this situation.
Tip 2: Train Warning in Testimony
When offering testimony underneath oath, be aware of each phrase spoken. Pause, mirror, and reply questions instantly and in truth. Keep away from hypothesis, assumptions, or sweeping generalizations. If unsure a couple of element, acknowledge the uncertainty quite than making an attempt to manufacture a solution. Do not forget that even seemingly insignificant inconsistencies will be exploited to undermine credibility. A girl, exaggerating the frequency of her ex-husband’s late arrivals to custody exchanges, discovered her total testimony questioned when safety footage revealed a unique actuality. Truthfulness, even when inconvenient, is at all times the most secure course.
Tip 3: Search Authorized Counsel Early and Typically
Navigating the complexities of household legislation requires knowledgeable steering. Interact authorized counsel early within the course of and preserve open and trustworthy communication all through. An lawyer can advise on the authorized implications of varied actions, assist put together correct and complete documentation, and supply assist throughout tough negotiations. An lawyer can even act as a vital buffer, making certain that feelings don’t cloud judgment and result in regrettable choices. A person, tempted to cover belongings throughout a divorce, consulted along with his lawyer, who defined the potential penalties of perjury. The lawyer’s counsel steered him away from a choice that would have had devastating repercussions.
Tip 4: Resist the Urge to Exaggerate or Embellish
Within the warmth of a household court docket battle, the temptation to color a extra favorable image of oneself or a extra detrimental image of the opposing get together will be overwhelming. Resist this urge. Exaggeration, embellishment, and selective omissions can rapidly unravel, exposing the underlying dishonesty and undermining credibility. Stick with the information, even when they aren’t totally flattering. A girl, desirous to reveal her superior parenting abilities, overstated her involvement in her kids’s extracurricular actions. The opposing counsel, presenting proof on the contrary, successfully discredited her total testimony.
Tip 5: Keep Emotional Composure
Household court docket proceedings are inherently emotional. Anger, resentment, and concern can cloud judgment and result in impulsive actions. Try to take care of emotional composure all through the method. Apply mindfulness methods, search assist from trusted mates or relations, or take into account participating a therapist to assist handle stress and nervousness. A peaceful and rational demeanor not solely initiatives credibility but in addition reduces the probability of creating rash choices or offering inaccurate data within the warmth of the second. A person, overwhelmed by the stress of a custody battle, lashed out throughout a listening to, making unfounded accusations towards his ex-wife. His emotional outburst not solely broken his credibility but in addition resulted in sanctions from the court docket.
Tip 6: Protect All Documentation
Fastidiously protect all paperwork related to the household court docket case, together with monetary information, correspondence, pictures, and different supporting proof. These paperwork can function invaluable assets for verifying data, refreshing recollections, and difficult false claims. A well-organized and complete assortment of documentation can strengthen one’s place and cut back the probability of unintentional inaccuracies. A girl, accused of mismanaging marital belongings, was capable of refute the allegations by presenting detailed monetary information that documented each transaction. Her meticulous record-keeping proved her innocence and preserved her repute.
Adhering to those ideas won’t solely reduce the chance of inadvertently making false statements however may also foster a way of integrity and promote a extra equitable end result in household court docket. Keep in mind, the pursuit of reality, whereas generally difficult, is at all times probably the most sustainable and finally, probably the most rewarding path.
In conclusion, navigating the complexities of household court docket requires not solely authorized acumen but in addition unwavering dedication to honesty. By prioritizing truthfulness, people can defend themselves from the devastating penalties of perjury and contribute to a extra simply and equitable authorized course of.
The Value of Deceit
This exploration into what occurs if you happen to commit perjury in household court docket reveals a panorama fraught with peril. It extends far past easy authorized missteps, encompassing potential prison expenses, devastating monetary penalties, irreparable injury to credibility, and the heartbreaking destruction of household bonds. Every consequence, from the lack of freedom to the alienation of kids, serves as a stark reminder of the gravity with which the authorized system regards truthfulness underneath oath.
Think about the story of a father, determined to win a custody battle, who fabricated proof of abuse. His short-sighted deception finally led to his personal downfall, imprisonment, and the shattering of his relationship along with his kids. His story just isn’t distinctive. It echoes via numerous household courtrooms, a testomony to the enduring precept that honesty, although generally tough, stays the one stable basis upon which to construct a simply and equitable decision. The pursuit of a positive end result must not ever eclipse the basic dedication to reality, lest the worth of deceit change into a burden too heavy to bear.
