Which of the following statements regarding perjury is INCORRECT? Question 63 options: Historically courts in many jurisdictions held that whether a defendant's statement was material was an issue to be determined by the judge and not the jury. The materiality of the defendant's statements is of no concern if there is proof that the defendant made a false statement under oath. The U.S. Supreme Court in 1995 ruled that the Constitution requires that the jury must determine the materiality of the defendant's statements. Truth is an absolute defense to a charge of perjury