Deck 15: Crimes Against the Administration of Justice

Question 1

__________ is NOT a type of obstruction of justice.

A)Any misleading or false statements to the press regarding one's guilt or innocence
B)Attempting to influence any officer in any court regarding the discharge of his or her duty
C)Impeding or obstructing of the due administration of justice
D)Attempting to impede any witness

Answer 1

A

Question 2

Under modern law,bribery forbids not just the results of influencing a public official,but also the act itself,whether the attempt to bribe is successful or not.In addition,the Model Penal Code (MPC)forbids

A)law enforcement and public officials to receive gifts from individuals subject to their jurisdiction.
B)a public servant who has authority and discretion over contracts or transactions to accept or solicit any type of gifts at any time.
C)a private citizen,especially a business owner,to accept or solicit gifts from any public servant.
D)law enforcement and public officials to receive promotions and gifts from supervisors.

Answer 2

A

Question 3

Under common law and in those states that still follow the common law rule

A)law enforcement personnel may use deadly physical force to arrest any suspect.
B)an individual may use deadly physical force to resist an arrest.
C)a suspect may use only a reasonable amount of force to prevent an unlawful arrest.
D)a suspect may not resist arrest in any circumstances.

Answer 3

C

Question 4

One of the four categories of contempt is called

A)direct contempt.
B)indirect contempt.
C)civil contempt.
D)All the above are correct.

Question 5

Courts examine acts of commercial bribery under the Sherman Act to determine whether commercial bribery can be

A)a threat to law enforcement.
B)occurring in isolation.
C)any illegal action with a negative effect on the restraint of trade
D)All the above are correct.

Question 6

Suppressing evidence occurs when a defendant,or a person working on behalf of the defendant,__________ evidence relevant to a grand jury investigation.

A)invents
B)hides
C)changes
D)presents

Question 7

The criminal offense of making false statements under oath is

A)bribery.
B)quasi-bribery.
C)misprision of a felony.
D)perjury.

Question 8

__________ occurs when someone refuses to report or prosecute a felony in exchange for some benefit or reward of some value?

A)Quasi-bribery
B)Compounding a felony
C)Misprision of a felony
D)Bribery

Question 9

__________ refers to the act of failing to report or prosecute a known felony,and taking positive steps to conceal the crime?

A)Quasi-bribery
B)Compounding a felony
C)Misprision of a felony
D)Bribery

Question 10

One reason for the ongoing disagreement regarding resisting unlawful arrests is that

A)citizens fear for their lives due to the increasing use of police brutality.
B)the accused almost always knows at the time of the arrest whether it is lawful or not.
C)the unlawfully arrested individual has almost no recourses or remedies after arrest.
D)the unlawfully arrested individual has many recourses or remedies after arrest.

Question 11

A person is guilty of the crime of escape if,without lawful authority,s/he

A)fails to return to official detention following a temporarily granted leave.
B)hides somewhere within the confines of a correctional institution so that officials cannot find him or her.
C)resists arrest and being taken into lawful custody.
D)commits or attempts suicide while under official detention

Question 12

__________ is NOT a characteristic of perjury?

A)A false statement under affirmation.
B)Accepting or soliciting illegal payments as a public official.
C)Affirming the truth of a statement previously made.
D)none of these

Question 13

Citizens who fear unlawful arrests should know that unlawful arrests

A)can and do have effects upon the civil and criminal justice system.
B)can lead to charges against the accused if he or she decides to complain.
C)could lead to illegally obtained evidence that can be used against them in court.
D)All of the above are correct.

Question 14

In general,the term "obstruction of justice" can be defined as

A)offenses that are committed by those in positions of authority,such as corporate officers and political contributors.
B)offenses that are committed by citizens who wish to protest the existing legal system through lawsuits and civil disobedience.
C)offenses that are committed by citizens who try to disrupt the legal system.
D)offenses that are committed by people in jail or prison.

Question 15

Most businesses that make campaign contributions,gratuities,and entertainment of some sort to an entity hoping for some type of favors,but it only becomes bribery when

A)both parties are caught.
B)the recipient engages in an unethical political practice on behalf of the giver.
C)when the payer and the recipient agree to a set schedule for "gifts."
D)when there is an agreement between the payer and the recipient that the briber expects "something for something".

Question 16

To be convicted of obstruction of justice for the concealment of subpoenaed documents in a federal proceeding,the defendant must

A)not appear at any grand jury hearing.
B)willfully conceal or endeavor to conceal them from a grand jury.
C)appear before the grand jury and lie.
D)All the above are correct.

Question 17

In general,the exploitation of public power for personal gain defines the modern concept of:

A)perjury.
B)witness tampering.
C)bribery.
D)obstruction of justice.

Question 18

The nexus requirement holds that an act that is considered to be a(n)__________ when it has some way relationship to the act of justice that the defendant is seeking to avoid.

A)obstruction of justice
B)subornation of perjury
C)felony
D)quasi-bribery

Question 19

Commercial bribery entails the ____ of anything of value to influence an employee or professional in the performance of their duties.

A)giving
B)receiving
C)soliciting
D)All the above are correct.

Question 20

__________ is NOT one of the three elements needed to prove subornation of perjury.

A)"Perjured statements procured by the accused"
B)"Perjured statements created by the suborner."
C)"Perjury in fact"
D)"Proof that the subornerknew the or testimony would be false"

Question 21

An example of _________ contempt is the failure to comply with a judicial order.

A)criminal
B)civil
C)direct
D)constructive

Question 22

Under the MPC,it is a crime to make a false report to law enforcement with the purpose of implicating another.

Question 23

Resisting arrest is not considered a crime in most states.

Question 24

Quasi-bribery has the same essential effect as standard bribery,but its recipients are private citizens.

Question 25

Under common law,if a false statement did not take place in a judicial proceeding,it was a false swearing and only a misdemeanor.

Question 26

An agreement by which a plaintiff or victim agrees to drop criminal and civil charges in exchange for money is generally considered bribery.

Question 27

Courts may NOT cite or issue summonses to individuals for

A)affronts to the courts' dignity and authority.
B)civil disobedience in public places during a protest.
C)contempt of court orders.
D)disruption of court proceedings.

Question 28

Escape occurs when a person who is lawfully imprisoned leaves custody before he or she is entitled to freedom by due process of law.

Question 29

Your textbook gives five general examples of obstruction of justice.Name four of these.

Question 30

Some recent cases have interpreted escape statutes to exclude inmates who:

A)are mentally ill and feel that they are being attacked by supernatural forces.
B)are separated from their children and have a strong emotional need to see them.
C)choose to escape as a legitimate protest against their sentences.
D)escape custody as the result of reasonable fears for their safety while incarcerated.

Question 31

Public policy has always favored prosecuting all violations,and therefore a single individual should not have the sole right to overlook the harm done to society as a whole.

Question 32

To prove the actus reus in a perjury case requires the witness to believe that his or her given testimony is false.

Question 33

Direct contempt does not present the same issues as does direct contempt because it does not attempt to openly disrupt or interfere with court proceedings as they occur.

Question 34

The MPC and statutes in a number of states specify that an individual has the right to use force in resisting arrest under narrowly defined circumstances.

Question 35

Name the four elements of witness tampering.

Question 36

Summarize the two elements of the federal perjury statute.

Question 37

An example of _________ contempt is the use of profane language toward an officer of the court.

A)direct
B)indirect
C)criminal
D)quasi

Question 38

The penalty for __________ contempt is usually payment of a fine or imprisonment for an indefinite period of time until the party in contempt agrees to perform his legal obligation.

A)civil
B)constructive
C)direct
D)criminal

Question 39

Constructive contempt occurs in the presence of the court when a person resists the court's power.

Question 40

If the accused causes another to make false statements under oath,s/he can be guilty of a distinct and separate crime of subornation of perjury.

Question 41

Define the crime of escape.

Question 42

Define three of the four forms of contempt discussed in your textbook.