Deck 13: Offenses Against Justice and Public Administration

Question 1

Modern statutes have tended to narrow the common-law definition of bribery.

Answer 1

False

Question 2

Modern statutes proscribing escape generally embrace several common-law crimes relating to escape.

Answer 2

True

Question 3

Most states today have statutes making misprision of felony a crime.

Answer 3

False

Question 4

At common law, misprision of felony consisted of willfully giving false and material testimony under oath.

Question 5

According to the authors of the textbook, illegal bribes often are disguised as political or charitable contributions.

Question 6

Federal law makes it a crime to falsely swear to a variety of certifications including income tax returns.

Question 7

In practice, Congress and state legislative bodies that issue citations for contempt generally refer these matters to the courts for processing.

Question 8

In "perjury by contradictory statements" scenarios, modern statutes make it unnecessary for the prosecution to establish which of two contradictory statements is false.

Question 9

A legislator who accepts a sexual favor in exchange for a favorable vote on a pending bill could not be found guilty of bribery.

Question 10

Under the common law, subornation of perjury consisted of instigating or procuring another person to commit perjury.

Question 11

In 1980 in United States v.Bailey, the U.S.Supreme Court held that under the federal statute proscribing escape, the government need only prove that the escapee knew that his or her actions would result in leaving confinement without permission.

Question 12

Legislative contempt is not a criminal offense.

Question 13

Perjury was a specific-intent crime at common law.

Question 14

Under the common law, both bribery and perjury were felonies.

Question 15

Indirect criminal contempt consists of contemptuous acts that occur outside the court's presence.

Question 16

Modern obstruction of justice laws prohibit a wide variety of specific conduct.

Question 17

To prove subornation of perjury the prosecution must establish that the defendant induced another person to testify falsely and that an actual perjury has been committed.

Question 18

In no case is an accused contemnor entitled to a jury trial.

Question 19

The gist of bribery is that it is unlawful to offer or to agree to do something under color of public office, but only if the official has the authority to do the specific act being requested.

Question 20

Under the common law, a defendant was permitted to forcibly resist an unlawful arrest.

Question 21

Acts made unlawful by federal law include ________________.

A)assault on a process server
B)obstructing court orders
C)tampering with or retaliating against witnesses
D)all of the these

Question 22

Murray appeared in court as a witness for his friend Maureen who was charged with driving while intoxicated.Murray testified that Maureen was not the driver of the vehicle when in fact he knew that she was.Despite Murray's testimony, Maureen friend was convicted.Given these facts, which of the following statements is true?

A)Murray has committed perjury.
B)Murray cannot be charged with perjury because his testimony was not material to the case.
C)Murray cannot be charged with perjury because he was entitled to use immunity under the Federal Constitution.
D)Murray cannot be charged with any offense because, despite his false testimony, his friend was found guilty.

Question 23

The inherent difficulty of convicting a defendant of perjury is exacerbated by the _______ rule that prevails in most jurisdictions.

A)best evidence
B)two-witness
C)year and a day
D)exclusionary

Question 24

The common law permitted a person to use force to resist _________.

A)a search warrant
B)an invasion of privacy
C)an unlawful arrest
D)a defamation of character

Question 25

To conceal a felony was a common-law offense known as ________, which was based on the common-law duty to inform authorities about any felony of which that person had knowledge.

A)misprision of felony
B)apprehension of fraud
C)subornation of perjury
D)accessory before the fact

Question 26

Joe Nosra, a prison inmate, left custody during a supervised tour of an industrial plant near the prison.A month later he was apprehended and prosecuted for the crime of escape.In his defense he claimed that he left custody to avoid being sexually molested by another prisoner.The evidence disclosed that Nosra had made no endeavor to return to lawful custody.Which of the following statements is correct?

A)There was no basis to charge Nosra because he was not within the prison at the time he left custody.
B)The facts disclose that Nosra has a good defense to the charge of escape.
C)Nosra may have had a good defense if he had turned himself in to police promptly after having escaped.
D)None of these statements are correct.

Question 27

Which of the following statements regarding perjury is INCORRECT?

A)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.
B)The materiality of the defendant's statements is of no concern if there is proof that the defendant made a false statement under oath.
C)The U.S.Supreme Court in 1995 ruled that the Constitution requires that the jury must determine the materiality of the defendant's statements.
D)Truth is an absolute defense to a charge of perjury.

Question 28

All states have laws making ____________ a criminal offense.

A)sodomy
B)seduction
C)perjury
D)miscegenation

Question 29

An attorney charged with responsibility for a case who is willfully absent from the courtroom can be convicted of __________.

A)indirect contempt
B)obstruction of justice
C)dereliction of duty
D)criminal negligence

Question 30

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

A)perjury
B)corruption
C)extortion
D)bribery

Question 31

_________ is frequently said to be one of the most difficult crimes to prove.

A)Compounding a crime
B)Obstruction of justice
C)Resisting arrest
D)Perjury

Question 32

At common law __________ of perjury consisted of instigating or procuring another person to commit perjury.

A)solicitation
B)subornation
C)corruption
D)misprision

Question 33

Which of the following common-law crimes is/are typically embraced by modern statutes prohibiting escape?

A)riot
B)rout
C)rescue
D)All of these

Question 34

In extending the crime of bribery to embrace conduct by persons other than public officials, several states have enacted statutes ______________________________.

A)declaring certain corrupt business practices to be commercial bribery
B)making it an offense to offer anything of value to an amateur or professional athlete to vary his or her performance in a game
C)making it an offense for a participant or an official in a sports event to accept a bribe
D)All of these

Question 35

At common law a person who accepted money or something else of value in exchange for agreeing not to prosecute a felony was guilty of _____________.

A)misprision of justice
B)compounding a felony
C)bribery
D)extortion

Question 36

At common law _______ was a misdemeanor.

A)bribery
B)sodomy
C)manslaughter
D)burglary

Question 37

Richard agrees with John that for $500 Richard will arrange to cancel John's prosecution for burglary.Proof of this could lead to Richard's conviction for _________.

A)obstruction of justice
B)subornation of perjury
C)compounding a felony
D)None of these

Question 38

At common law a person who departed from lawful custody committed the crime of escape.Where the prisoner used force, the offense came to be known as ____________.

A)forcible escape
B)gaol rout
C)aggravated escape
D)prison break

Question 39

Modern statutes impose on citizens the duty to come to the assistance of _____________ upon request.

A)law enforcement officers
B)firefighters
C)paramedics
D)crime victims

Question 40

To convict a defendant of ______________ the prosecution must establish that the defendant took an oath to tell the truth and knowingly made a false statement of material fact.

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

Question 41

The U.S.Supreme Court has recognized the defense of ___________ to a charge of escape if a prisoner can demonstrate that because of an imminent threat of harm, escape was the only reasonable alternative and the prisoner made a bona fide effort to surrender or return to custody.

Question 42

In states that do not have the offense of misprision of felony, one who helps conceal a crime is likely to be charged as a(n) __________________.

Question 43

Someone who pays a legislator for a favorable vote on a pending bill would be guilty of _________.

A)subornation of perjury
B)racketeering
C)obstruction of justice
D)none of these

Question 44

Many states have followed the common law by enacting statutes making it an offense to procure another person to commit perjury.The offense proscribed by such statutes is usually known as______________.

A)accessorial perjury
B)de facto perjury
C)subornation of perjury
D)perjury de jure

Question 45

Under the Model Penal Code, a lawyer, physician, accountant, appraiser or other professional who solicits or accepts a consideration for agreeing to violate a fiduciary duty is guilty of _____.

A)commercial bribery
B)violating the False Statements Act
C)the crime of professional malpractice
D)none of these

Question 46

At common law, to conceal a felony was an offense known as ________.

Question 47

The U.S.Supreme Court has ruled that in a prosecution for _________, the materiality of a defendant's statements is an issue for a jury to decide.

Question 48

Under early common law, ________ consisted only of improperly influencing persons involved in the administration of justice.

Question 49

The common law developed the concept of criminal _________ to enable judges to maintain the dignity and authority of the courts and the respect due judicial officers.

Question 50

Defenses to a charge of bribery include denial and __________________.

A)entrapment
B)consent
C)necessity
D)recantation

Question 51

The common law also made it an offense to accept something of value in exchange for not reporting a felony, an offense known as _______________ a felony.

Question 52

The only recognized defense to a charge of bribery, other than denial, is ___________.

Question 53

Courts impose to __________ punish an offender whose deliberate conduct is calculated to obstruct or embarrass the court or to degrade a judicial officer in the administration of justice.

Question 54

Legislative bodies have the power to hold in _______ those persons whose deliberate acts impede their activities.

Question 55

Which one of the following statements concerning contempt of court is incorrect?

A)Indirect contempts are contemptuous actions outside the presence of the court.
B)An example of direct contempt is when someone disrupts ongoing court proceedings.
C)The power of contempt is vested exclusively in judicial bodies.
D)The judicial process in cases of indirect contempt is more formal than in cases of direct contempt.

Question 56

At common law a person who forcibly freed another from lawful custody was guilty of the offense of ______.

Question 57

The common law allowed a person to use force to resist a(n) __________ arrest.

Question 58

Some states have classified certain corrupt business practices, for example, fraudulent acts of purchasing agents, as commercial _________.

Question 59

Direct __________ proceedings are usually handled summarily by courts.

Question 60

Early American cases followed the common-law principle that a defendant could not be convicted of ________ by contradictory statements unless the prosecution established which one of the statements was false.

Question 61

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

Question 62

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:

A)unlikely to be charged with a crime
B)likely to be charged with perjury
C)likely to be charged with subornation of perjury
D)likely to be charged with compounding a crime

Question 63

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

A)civil contempt
B)criminal contempt
C)legislative contempt
D)obstruction of justice

Question 64

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

Question 65

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 false.

Question 66

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?

A)subornation of perjury
B)obstruction of justice
C)bribery
D)He could be charged with all of these offenses.

Question 67

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.

Question 68

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

A)direct contempt
B)indirect contempt
C)civil contempt
D)perjury

Question 69

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.

A)obstruction of justice
B)perjury
C)commercial bribery
D)subornation of perjury

Question 70

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

Question 71

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.

Question 72

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.

Question 73

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

Question 74

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

Question 75

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?

Question 76

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

A)direct contempt
B)indirect contempt
C)civil contempt
D)perjury

Question 77

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

A)compounding a crime
B)bribery
C)obstruction of justice
D)perjury

Question 78

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

A)legal activity conducted under color of office
B)an example of bribery
C)obstruction of justice
D)perjury by contradictory statements

Question 79

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

A)A necessity defense is more likely to be successful if there were a specific threat of death, serious bodily injury, or sexual attack in the immediate future.
B)The Lovercamp decision offers relevant criteria for assessing, and dismissing, Bob's claim of necessity.
C)Necessity can never be used a defense to a charge of escape.
D)The decision in United States v.Bailey suggests that a necessity defense is more likely to be successful when the prisoner turns himself in to authorities soon after escaping immediate danger, as opposed to running for two days.

Question 80

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

A)United States v.Gaudin, which discusses the issue of materiality.
B)The two witness rule
C)The possibility of recantation before testimony is completed
D)The prosecutor's ability to determine which of the contradictory statements is false.