Deck 13: Offenses Against Public Administration and the Administration of Justice

Question 1

John failed to report a felony but did not take an affirmative step to help the offender. Which of the following common law crimes did John commit?

A) obstruction of justice
B) justice tampering
C) subornation of perjury
D) misprision of a felony

Answer 1

D

Question 2

An individual who is held in contempt of court is referred to as the ______.

A) contemnee
B) defendant
C) contemnor
D) litigant

Answer 2

C

Question 3

The rule that provides that a conviction for perjury is required to be based on the testimony of two witnesses or of one witness and supporting (corroborating) evidence such as a confession or a document is known as ______.

A) one-plus-one witness rule
B) consistent statement rule
C) antiperjury rule
D) two-witness rule

Answer 3

D

Question 4

Procuring another person to testify falsely under oath is punishable as which of the following crimes?

A) obstruction of justice
B) perjury
C) subornation of perjury
D) unlawful solicitation

Question 5

Unknowingly receiving or offering to another any consideration for a promise not to prosecute or aid in the prosecution of an offender is known as ______.

A) compounding a crime
B) misprision of a felony
C) obstruction of justice
D) solicitation of a felony

Question 6

The common law custom of ______ requires all men to assist in the apprehension of offenders.

A) bystander principle
B) hue and cry
C) offender pursuit
D) duty to assist

Question 7

An unlawful payment made to reward a public official for action taken or that will be taken in the future is punishable as ______.

A) obtaining an unfair advantage
B) offering a bribe to a public official
C) receiving an unlawful gratuity
D) official malfeasance

Question 8

Which of the following is a defense to perjury when in the same continuous proceeding an individual states that an earlier statement was false?

A) falsification
B) affirmation
C) abandonment
D) recantation

Question 9

Which of the following crimes involves negligently or recklessly allowing an individual to escape from confinement?

A) prison break
B) reckless escape
C) negligent escape
D) purposeful escape

Question 10

Which common law crime punished the unlawful collection of money by a government official but was expanded to include private individuals?

A) extortion
B) contempt
C) blackmail
D) solicitation

Question 11

Common law judges developed several crimes to ensure that the political and legal systems were free of corruption and ______.

A) extortion
B) contempt
C) fraud
D) solicitation

Question 12

______ is a wrongful act such as a police officer's abuse of a defendant to extract a confession, or a police officer's destruction of evidence.

A) Nonfeasance
B) Misfeasance
C) Malfeasance
D) Color of office

Question 13

Which of the following states is not a state that is considered the least corrupt?

A) Washington
B) Oregon
C) California
D) New Hampshire

Question 14

Which of the following is not required for the offense of offering a bribe to a public official?

A) The public official occupied an official position or possessed official duties.
B) The accused wrongfully promised, offered, or gave money or an item of value to a public official.
C) The money or item of value was promised, offered, or given with the intent to influence an official decision or action of the individual.
D) The accused asked, accepted, or received money or an item of value with the intent to have his or her decision or action influenced with respect to this matter.

Question 15

What kind of intent does a public official has to have in order for the crime of bribery is complete at the moment the bribe is offered?

A) malicious
B) corrupt
C) reckless
D) inconsistent

Question 16

What was developed to punish false statements on documents?

A) false promoting
B) false promising
C) false answering
D) false swearing

Question 17

A perjured statement is required to be ______ to the proceedings.

A) confidential
B) material
C) immaterial
D) anonymous

Question 18

______ applies when in the same continuous proceeding an individual states that an earlier statement was false.

A) Obstruction
B) Falsification
C) Recantation
D) Subornation

Question 19

Which of the following is NOT included in the Illinois statute on obstruction of justice?

A) destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information
B) induces a witness having knowledge material to the subject at issue to leave the State or conceal himself
C) possessing knowledge material to the subject at issue, he leaves the State or conceals himself
D) prevents, hinders, or delays the apprehension or prosecution of an individual who has committed a criminal offense

Question 20

Stephanie was pulled over for a speeding, and the officer observed her stuff something into her mouth. Stephanie was transported to a hospital where her stomach was pumped, and she expelled a bag of heroin. What charges are possible for the Stephanie's action?

A) for speeding only
B) speeding and unlawful possession of narcotics
C) speeding, unlawful possession of narcotics, and obstruction of justice
D) none of these

Question 21

Which of the following charges implies when an individual prevents, hinders, or delays the apprehension or prosecution of another individual who has committed a criminal offense?

A) accessoryship
B) tampering with evidence
C) omission
D) hue and cry

Question 22

Which of the following court cases held the requirements of a statute making it a misdemeanor for any person to refuse to assist a peace officer or fireman authorized to command assistance in the execution of his duties?

A) Davila v. State
B) State v. Floyd
C) State v. Pichon
D) Greenberg v. United States

Question 23

How many states do recognize the right of an individual to resist an unlawful arrest in the United States?

A) 5
B) 7
C) 12
D) 17

Question 24

Which of the following court cases resulted in passing a law recognizing that citizens possess the right of self-defense against police officers unlawfully entering their homes?

A) State v. Ramsdell
B) State v. Floyd
C) State v. Pichon
D) Shoultz v. State

Question 25

Which of the following court case led to the observation that law enforcement officers are rarely called to account for illegal arrests and that the right to resist provides an effective deterrent to police illegality?

A) State v. Ramsdell
B) State v. Floyd
C) State v. Wiegmann
D) Shoultz v. State

Question 26

Which of the following is NOT part of the Colorado statute on compounding?

A) Compounding is a class 3 misdemeanor punishable by up to 6 months in prison and a fine of between $50 and $750.
B) a person commits compounding who accepts or agrees to accept money, property, or any economic gain in return
C) knowingly agreeing to take anything of value in return for concealing a crime, withholding evidence, or failing to pursue a prosecution
D) an affirmative defense that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime

Question 27

Which of the following elements is NOT the U.S. Code of misprision of a felony?

A) taking affirmative steps to conceal the crime, such as destruction of evidence
B) failing to pursue prosecution of an offender
C) knowledge a felony was committed
D) failure to notify the authorities of the crime

Question 28

A lawyer who violates a gag order and holds a press conference with the media criticizing the judge can be held responsible in ______.

A) direct criminal contempt
B) indirect criminal contempt
C) legislative contempt
D) judicial contempt

Question 29

Which of the following is NOT part of the federal courts' broad contempt powers?

A) misbehaviors that intentionally facilitate or permit an escape from a detention facility
B) disobedience or resistance to its lawful writ, process, order, rule, decree, or command
C) misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice
D) misbehavior of any of its officers in their official transactions

Question 30

______ offers the power to punish "disrespectful and disorderly" behavior as well as individuals who refuse a subpoena to testify or to submit documents.

A) Direct criminal contempt
B) Indirect criminal contempt
C) Legislative contempt
D) Judicial contempt

Question 31

Who can NOT be held responsible for indirect criminal contempt?

A) defendant
B) lawyer
C) juror
D) bailiff

Question 32

What is the maximum grade of punishment for aggravated contempt?

A) 2 years in prison
B) 7 years in prison
C) 30 years in prison
D) life sentence

Question 33

Which of the following factors did the U.S. Supreme Court recommend to consider in punishing criminal contempt?

A) the seriousness of the consequences of the contumacious behavior
B) the importance of deterring such acts in the future
C) the extent of the willful and deliberate defiance of the court's order
D) the racial backgrounds of the people on trial

Question 34

The legislative contempt power includes the power to punish "______" behavior as well as individuals who refuse a subpoena to testify or to submit documents.

A) aggressive and disrespectful
B) disorderly and aggressive
C) disrespectful and disorderly
D) disrespectful and obstructing

Question 35

In ______, money or a valuable benefit is offered or provided to a public official in return for an official's action or inaction.

A) extortion
B) blackmail
C) bribery
D) embezzlement

Question 36

______ is negligently or recklessly allowing an individual to escape from confinement.

A) Negligent escape
B) Reckless escape
C) Prison escape
D) Prison break

Question 37

A defendant cannot be guilty of bribery if the public official refuses to accept the bribe.

Question 38

A jury member who speaks about a specific case despite the court's issuance of a court order may be held liable for contempt of court.

Question 39

The federal crime of blackmail requires the use of force or the threat to use force.

Question 40

The law does not recognize any legal excuses or justifications to prison escape.

Question 41

If a correction officer recklessly permits an escape from a jail, the officer may be held liable for the escape.

Question 42

Bribery and receiving an unlawful gratuity are prosecuted as the same crime.

Question 43

Under federal law, blackmail and extortion are the same crime.

Question 44

The crime of perjury must be proven beyond a reasonable doubt.

Question 45

If an individual escapes from prison based on necessity but fails to turn him- or herself in after the threat has passed, the individual may be found guilty of escape.

Question 46

Only a sports participant can be found guilty of receiving a sports bribe.

Question 47

Edward Cox was sentenced to 8 months in prison for fraud.

Question 48

In bribery, the Model Penal Code (MPC) states that a benefit means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person.

Question 49

Commercial bribery is a new type of crime and no states have criminal codes for this crime.

Question 50

Perjury used to be able to punishable with death.

Question 51

In addition to statutes punishing obstruction of justice, most states have statutes punishing accessoryship after the fact.

Question 52

Resisting arrest occurs when he or she intentionally flees from an individual that he or she knows is a police officer attempting lawfully to detain him or her.

Question 53

The acceptance of money or something of value in exchange for agreeing not to prosecute a felony was considered an obstruction of justice.

Question 54

Prison escape is a detainee's unlawful flight from confinement through the use of force.

Question 55

A number of courts recognize the defense that an individual who escaped was wrongfully incarcerated, although most courts do not recognize the defense of self-help.

Question 56

The legislative contempt is punishable as felony.

Question 57

How does the bribery today differ from bribery in the past?

Question 58

What is the difference between bribery and gratuity?

Question 59

What is the required intent for perjury?

Question 60

What is the primary purpose of the two-witness rule?

Question 61

What makes an individual to be guilty of evading arrest?

Question 62

What are some of the considerations for the offense of compounding a crime?

Question 63

Provide some examples of the existing federal laws that prohibit an individual from fleeing across state lines to avoid arrest or confinement.

Question 64

What is the difference between direct and indirect criminal contempt?

Question 65

Why does the law punish the offense of compounding a crime?

Question 66

Discuss the elements of perjury, and describe the ways perjury may be proven.

Question 67

What are the elements of extortion? How is extortion different from bribery?

Question 68

Mary meets Jacob, a young and prominent political figure, at a rally. The two develop a relationship that lasts a number of years; however, the relationship ends bitterly. Mary, angry and resentful, threatens to reveal embarrassing secrets about Jacob and Jacob's family if he does not get back together with her. Is Mary guilty of extortion? Why or why not? Is Mary guilty of blackmail? Why or why not?

Question 69

What are the elements for the offense of offering a bribe to a public official and the offense of soliciting a bribe?