davenport: basic criminal law, 2 nd ed.© 2009 pearson education, upper saddle river, nj 07458. all...
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Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Basic Criminal Law – The U.S. Constitution, Procedure, and CrimesBy Anniken U. Davenport
CHAPTER 7: CRIMES AGAINST THE STATE
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Chapter Objectives Understand the significance of perjury Explain the essential elements of Obstruction
of Justice Understand the different types of contempt Know what constitutes bribery Explain the ways that the government seeks to
control corrupt organizations Know the steps in the impeachment process Appreciate the special problems offenses
against the state pose for society and the rule of law
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Perjury Definition - “giving false
testimony in a judicial proceeding or an administrative proceeding, lying under oath as to a material fact, swearing to the truth of anything one knows or believes to be false”
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Section 1621 Perjury Definition – general giving of false
testimony in any government proceeding conviction is dependent upon the two
witness rule – at least two pieces of evidence must exist, including testimony of witnesses or physical evidence
recantation – taking back the lie will not save a person from conviction
prosecution must determine which statement was a lie when two statements are contradictory
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Section 1623 Perjury Definition – false testimony given in
court or before a grand jury conviction requires proof beyond a
reasonable doubt a person can recant the false testimony
to avoid conviction, as long as the false testimony does not substantially effect the proceeding
prosecution need not prove which statement was false; the existence of two contradictory statements is sufficient
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Subornation of Perjury Definition – convincing or seeking
to convince another person to commit perjury
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Elements of Perjury oath – must be administered by a legally
authorized person intent – must be aware that what is being said
is false and must intend to mislead the listener falsity – must be proven to be false beyond a
reasonable doubt; two contradictory statements are sufficient to prove the falsity of at least one of them for Section 1623 Perjury
materiality – the lie must be of some consequence to the case
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Defenses to Perjury recantation inadequacy of counsel double jeopardy the perjury trap fifth amendment
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Obstruction of Justice
Definition – “the crime of impeding or hindering the administration of justice in any way”
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Elements of Obstruction of Justice
there is a pending judicial proceeding, or there was a potential for a judicial proceeding had the obstruction not taken place
the defendant knew of the proceeding, or the possibility of a proceeding
the defendant acted corruptly with the specific intent to obstruct or interfere with the proceeding or due administration of justice
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Types of Obstruction (federal law)
1. 18 U.S.C. § 1503. Influencing Or Injuring Officer Or Juror Generally 2. 18 U.S.C. § 1504. Influencing Juror By Writing
3. 18 U.S.C. § 1505. Obstruction Of Proceedings Before Departments, Agencies
4. 18 U.S.C. § 1506. Theft Or Alteration Of Record Or Process
5. 18 U.S.C. § 1509. Obstruction Of Court Orders
6. 18 U.S.C. § 1510. Obstruction Of Criminal Investigations
7. 18 U.S.C. § 1511. Obstruction Of State Or Local Law Enforcement
8. 18 U.S.C. § 1512. Tampering With A Witness, Victim, Or An Informant
9. 18 U.S.C. § 1513. Retaliating Against A Witness, Victim, Or An Informant
10. 18 U.S.C. § 1516. Obstruction Of Federal Audit
11. 18 U.S.C. § 1517. Obstructing Examination Of Financial Institution
12. 18 U.S.C. § 1518. Obstruction Of Criminal Investigations Of Health Care Offenses
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
CIVIL DISOBEDIENCE, TRESPASS, AND PROTEST Civil Disobedience –
Used to show that a particular law or practice was unconscionable and should be repealed.
Is criminal behavior designed to cast law enforcement in a bad light.
At a minimum involves trespass, in some cases vandalism as well.
Designed to be nonviolent, but has escalated to violence on several occasions.
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Contempt Definition – “Conduct that brings
the authority and administration of the law into disrespect or that embarrasses or obstruct the court’s discharge of its duties”
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Federal Contempt Laws Federal Law - A court of the United
States shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other, as Misbehavior of any person in its presence or
so near thereto as to obstruct the administration of justice;
Misbehavior of any of its officers in their official transactions;
Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Types of Contempt Civil Contempt – occurs with a finding
by the presiding judge that an individual is in contempt of court; punishable by fine and sometimes time in prison, a way to force compliance to the order
Criminal Contempt – occurs with the finding by the presiding judge that an individual is in contempt of court and also punishable by fine or jail; a way to punish for a separate crime, obeying the order will not negate the punishment
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Defenses to Contempt
absence of warning by court attorney- client privilege double jeopardy reporter’s privilege
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Bribery Definition – “the crime of giving
something of value with the intention of influencing the action of a public official”
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Elements of Bribery the recipient or target of the bribe
must be a governmental official a bribe recipient can be any
government official ranging from a congressman to a clerk issuing permits or licenses
the recipient does not even have to have the actual authority to perform the requested action
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Elements of Bribery (cont’d)
a bribe in the form of money, goods, favors, or something of value was offered or given the goods exchanged for the bribe do not
have to go to the government official; they can go to a person named by the government official
the goods do not have to be accepted, the mere offer of goods is sufficient for the crime of bribery to have taken place
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Elements of Bribery (cont’d)
the bribe was meant to induce an action or inaction the action does not have to be illegal,
but must simply have been influenced by the bribe
the recipient does not actually have to perform the act requested
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Defense to Bribery entrapment – this is hard to
prove the defendant must demonstrate that
he/she was not predisposed to paying a bribe under normal circumstances
other ways of getting around the government official must have been absent
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Corrupt Organizations Racketeering Influenced and
Corrupt Organizations Act (RICO) – part of the Organized Crime Control Act passed in 1970, intended to punish crimes that were run through legitimate businesses or businesses that merely appeared to be legitimate
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
RICO Under RICO, it is a federal crime to
acquire or maintain an interest in, use income from, or conduct or participate in the affairs of an “enterprise” through a pattern of “racketeering activity.”• an enterprise can be
Corporation Partnership sole proprietorship any business or organization the government
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
RICO• The enterprise must commit at least
two racketeering acts within a 10-year period, such as: Bribery Embezzlement Gambling Arson counterfeiting money, recordings,
copyrighted materials, and computer programs
trafficking in contraband cigarettes harboring illegal aliens
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
RICO punishment can including fines, jail
time, and seizure of property obtained with the illegal proceeds
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Impeachment Definition – an indictment of a
federal official charging him/her with “treason, bribery, and high crimes and misdemeanors” with the purpose of removing the person from office
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Impeachment Procedure Because the process for impeachment is not recorded in
the Constitution or in Code, the rules and the procedure are determined by Congress on an ad hoc basis. Impeachment articles are voted on in the House of
Representatives. A trial is held by the Senate, which requires a two-
thirds super majority for conviction. Congress has never established a standard
burden of proof. The charge of “high crimes and misdemeanors” is
also ambiguous. It is possible to be impeached and still face criminal
charges in court.
Davenport: Basic Criminal Law, 2nd ed. © 2009 Pearson Education, Upper Saddle River, NJ 07458.All rights reserved
Impeachment It is intentionally a difficult process to
impeach someone because the Framers believed that it should be extremely difficult to remove a person from office if the people voted to place him/her in that position.
Impeachment is meant to punish a civic official for selling their office, essentially, betraying the confidence of voters.
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