Under Rule 410, which statement describes a perjury exception allowing admission of a statement made during plea discussions?

• A. Statements made during plea discussions may be admitted for perjury if the defendant made the statement under oath, on the record and with counsel present.
• B. They may be admitted at any time for any purpose.
• C. They may only be admitted if the plea resulted in a guilty plea.
• D. They may never be admitted.

Answer: (A)

The key idea is a narrow exception to Rule 410. Generally, statements made during plea negotiations are not admissible to prove guilt, to protect the bargaining process. But there is a specific permission in a perjury or false-statement proceeding: if a statement was made during plea discussions under oath, on the record, and with the defendant’s counsel present, that statement may be admitted to prove perjury or false statements. This setup—sworn, on the record, and with counsel present—ensures the reliability and formal nature of the testimony, which is appropriate when assessing whether a statement was knowingly false. The other options overstate or misstate the rule: it isn’t a blanket admission for any purpose or at any time, it doesn’t require that the plea result in a guilty plea, and it isn’t forbidden in all cases.