Question 1

Discuss the arguments pro and con on whether the law should permit a citizen to use force to resist an unlawful arrest.

Accepted Answer

The answer of Discuss the arguments pro and con on...

Question 2

If it is later determined that the defense attorney in this case encouraged a witness to lie under oath, Judge Jackson might suggest that the defense attorney is:

Accepted Answer

Subornation of perjury is the act of encouraging or inducing someone to provide false testimony under oath. If it is determined that the defense attorney in this case encouraged a witness to lie under oath, he or she could be charged with subornation of perjury. This is a serious offense and could result in criminal charges and professional sanctions, such as disbarment.

Question 3

Unlike failure to pay court-ordered child support, the instances of contempt discussed in this scenario would be classified as:

Accepted Answer

Criminal contempt involves actions that disrespect or defy the authority of the court, which is distinct from civil contempt related to non-compliance with court orders like child support.

Question 4

How is commercial bribery defined under modern statutes? What classes of persons are usually identified in such a statute?

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The answer of How is commercial bribery defined under modern...

Question 5

Federal law provides for a __________ defense in perjury cases where in the same continuous court or grand jury proceeding in which a false declaration is made, the witness admits the declaration to be wrong.

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The answer of Federal law provides for a __________ defense...

Question 6

Let's say that Bob offers one of his aides a cash payment to lie to police and to lie under oath at Bob's trial.The aide ultimately refuses to do either.Bob then threatens physical harm.Which of the following is not a crime that Bob could be charged with for this behavior?

Accepted Answer

The answer of Let's say that Bob offers one of...

Question 7

The federal criminal code makes ______________ of felony a crime, with the gist of the offense being concealment and not merely the failure to report a felony.

Accepted Answer

The answer of The federal criminal code makes ______________ of...

Question 8

The juror that spoke to the media has provided an example of:

Accepted Answer

The juror speaking to the media would be an example of indirect contempt, as it violates the judge's instructions not to discuss the case outside of the jury room. Direct contempt typically involves disruptive behavior in the courtroom, while civil contempt involves the failure to comply with a court order. Perjury involves lying under oath.

Question 9

If, instead of being Mayor of Mulletsville, Bob had instead been the CEO of a local manufacturing corporation, his acceptance of cash payments in exchange for awarding a contract would be an example of what? Assume that he has a duty of fidelity to his corporation's board of directors.

Accepted Answer

Bob's acceptance of cash payments in exchange for awarding a contract would be an example of commercial bribery, which involves the offering or receiving of something of value in exchange for business or professional advantages. This behavior would violate Bob's duty of fidelity to his corporation's board of directors, as he would not be acting in the best interest of the corporation by making decisions based on personal gain rather than the corporation's interests.

Question 10

Give several examples of words or actions by a defense attorney that would constitute (a) direct criminal contempt; and (b) indirect criminal contempt.

Accepted Answer

The answer of Give several examples of words or actions...

Question 11

In Watkins v.United States (1957), the Supreme Court invalidated a conviction for contempt of Congress because a witness was not adequately advised as to the ____________ of a subcommittee's questions.

Accepted Answer

The answer of In Watkins v.United States (1957), the Supreme...

Question 12

Explain the U.S.Supreme Court's rationale for ruling that when a defendant who is charged with perjury is tried by jury, the jury and not the judge must determine the issue of the materiality of the defendant's statements.

Accepted Answer

The answer of Explain the U.S.Supreme Court's rationale for ruling...

Question 13

The gist of the crime of _________ is the unlawful offer or agreement to do something under color of office.

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The answer of The gist of the crime of _________...

Question 14

In a bribery case, the only recognized defenses are denial and ___________.

Accepted Answer

The answer of In a bribery case, the only recognized...

Question 15

A state statute provides: "It shall be unlawful for any person legally incarcerated to escape from custody." Despite the language of the statute, an appellate court has ruled that to sustain a conviction for escape, the evidence must show the defendant's specific intent to avoid lawful custody.Do you think that this interpretation is justified? Why or why not?

Accepted Answer

The answer of A state statute provides: "It shall be...

Question 16

The spectator who is shouting during testimony has provided an example of:

Accepted Answer

Direct contempt refers to any behavior that disrupts court proceedings or shows disrespect for the judge or court. Shouting during testimony is a clear example of direct contempt.

Question 17

Bob's agreement to not prosecute certain individuals in exchange for money could be deemed all of the following EXCEPT:

Accepted Answer

Perjury involves lying under oath, which is not related to Bob's agreement.

Question 18

As mayor, Bob's doling out of construction contracts in exchange for cash payments would be described as:

Accepted Answer

Bob's actions of accepting cash payments in exchange for construction contracts would be considered bribery, which is the act of offering or receiving something of value in exchange for influence or action in a matter of public or official duty. It is illegal and unethical behavior for a public official.

Question 19

In regard to Bob's use of a necessity defense at his "escape" trial, which of the following statements is false?

Accepted Answer

The answer of In regard to Bob's use of a...

Question 20

As for the witness potentially giving contradictory statements, which of the following is NOT a relevant consideration?

Accepted Answer

The prosecutor's ability to determine which of the contradictory statements is false is not a relevant consideration in determining whether a witness's potential contradictory statements are admissible.

Quiz 13: Offenses Against Justice and Public Administration