Crimes Against the Administration

1
Chapter 15
Crimes Against the Administration of Justice
2
Chapter 15
Crimes Against the Administration of Justice
Chapter Objectives
After reading this chapter, you should be able
to

• Recognize the difference between the offenses of
  bribery and commercial bribery.
• Define the elements of perjury.
• Define the offense of obstruction of justice
  and recognize the scope of crimes it covers.

Continued
3
Chapter 15
Crimes Against the Administration of Justice
Chapter Objectives
After reading this chapter, you should be able
to

• Describe the crime of resisting arrest.
• Recognize the offense of compounding a felony,
  and explain why it is different from the offense
  of misprision of a felony.
• Define the elements of the crime of escape.

Continued
4
Chapter 15
Crimes Against the Administration of Justice
Chapter Objectives
After reading this chapter, you should be able
to

• Recognize when constructive contempt takes place
  and how it differs from direct contempt.
• Differentiate between the offenses and penalties
  for civil contempt and criminal contempt.

5
Section 15.1
Crimes Against the Administration of Justice
Crimes Against the Administration of Justice
This chapter covers two different types of
offenses

• Offenses that are committed by citizens who try
  to disrupt the legal system.
• Offenses that are committed by those in positions
  of authority who injure citizens by abusing their
  power.

6
Section 15.1
Crimes Against the Administration of Justice
Crimes Against the Administration of Justice
These offenses are also called crimes of
obstruction of justice.
These offenses may be defined as any offenses
that hinder or prevent the effective operation of
the criminal justice system.
7
Section 15.1
Crimes Against the Administration of Justice
Crimes Against the Administration of Justice
At common law, the crimes of bribery, perjury,
resisting arrest, and contempt of court were all
recognized as offenses that threatened the
administration of justice.
Today, however, many of these crimes have been
combined into the single crime of obstruction of
justice.
Continued
8
Section 15.1
Crimes Against the Administration of Justice
Crimes Against the Administration of Justice
obstruction of justice The act by which one or
more persons attempt to or actually prevent the
execution of a lawful process
9
Section 15.1
Crimes Against the Administration of Justice
Crimes Against the Administration of Justice
Crimes under this modern definition include

• Bribery and the attempt or conspiracy to commit
  bribery or extortion.
• Perjury, false testimony, and interfering with a
  law enforcement officer in the performance of his
  or her official duties.

Continued
10
Section 15.1
Crimes Against the Administration of Justice
Crimes Against the Administration of Justice

• Tampering with the jury process.
• Suppressing or refusing to produce evidence
  relevant to a grand jury investigation.

11
Section 15.1
Crimes Against the Administration of Justice
Crimes Against the Administration of Justice
In addition, these crimes must find a particular
form of intent.
The intent element of an obstruction of justice
offense is referred to as the nexus requirement.
The act must have an effect on interfering with
the due administration of justice.
12
Section 15.1
Crimes Against the Administration of Justice
Which do you think are more serious crimes that
are committed by citizens who try to disrupt the
legal system or crimes that are committed by
those in positions of authority? Why?
13
Section 15.2
Bribery
Bribery
The principles that underlie extortion are
similar to those of bribery.
bribery The voluntary giving or receiving
anything of value as unlawful payment for the
commission of an official act.
14
Section 15.2
Bribery
Bribery
According to the first English bribery statute in
1384, judges may not take robe, fee, pension,
girt, nor reward of any but the King, except
reward of meat and drink, which shall be no great
value.
15
Section 15.2
Bribery
Bribery
In the U.S. Constitution, The founders of the
United States determined that bribery, along with
treason, constituted serious grounds for the
impeachment of a President or any civil officer
of the United States.
16
Section 15.2
Bribery
Modern Bribery
Today, bribery exists in many forms.
In general, the exploitation of public power for
personal gain defines the modern concept of
bribery.
17
Section 15.2
Bribery
Modern Bribery
Modern statutes have extended the crime of
bribery to include the party who offers the
bribe, as well as the party who receives the
bribe.
18
Section 15.2
Bribery
Modern Bribery
An ideal bribery statute must distinguish between
acts of undue influence, which constitute
bribery, and appropriate acts that are intended
to legally influence governmental action.
19
Section 15.2
Bribery
Modern Bribery
Although quasi-bribery has the same essential
effect as standard bribery, its recipients are
private citizens.
quasi-bribery An extension of the crime of
bribery, to include people other than public
officials whose functions are considered
important to the public.
20
Section 15.2
Bribery
Modern Bribery
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.
21
Section 15.2
Bribery
Modern Bribery
In addition, the Model Penal Code forbids

• Law enforcement and public officials to receive
  gifts from individuals subject to their
  jurisdiction.

Continued
22
Section 15.2
Bribery
Modern Bribery

• A public servant who has the authority and
  discretion over contracts or transactions to
  accept or solicit gifts from any person known to
  be interested or likely to become interested in
  such contract or transaction

23
Section 15.2
Bribery
Modern Bribery
Sometimes bribery overlaps considerably with
extortion. To compel or induce a person to
provide a bribe, by means of instilling fear that
criminal charges will be filed against that
individual, is larceny by extortion.
24
Section 15.2
Bribery
Modern Bribery
An agreement by which a plaintiff or victim
agrees to drop charges, whether criminal and
civil, in exchange for money does not constitute
receiving a bribe.
This is because the plaintiff of a civil suit and
the victim of a crime are not government
officials with special responsibilities relating
to their trials.
25
Section 15.2
Bribery
Commercial Bribery
Commercial bribery is a statutory expansion of
the crime of bribery.
commercial bribery The giving, receiving, or
soliciting of anything of value to influence an
employee or professional in the performance of
his or her duties.
26
Section 15.2
Bribery
Commercial Bribery
The crime of commercial bribery often occurs when
business is conducted through agents.
Unlike the principal in an agreement, an agent
may have no direct interest or benefit in the
contract and may be tempted to transact side
deals for payments that are known as kickbacks.
27
Section 15.2
Bribery
Commercial Bribery
There is a distinction in the business community
between legal favors and bribery.
Most businesses today will legally give campaign
contributions, gratuities, and entertainment of
some sort to an entity, with the hope of the
recipient favoring them over others.
28
Section 15.2
Bribery
Commercial Bribery
However, bribery occurs when there is an
agreement between the payer and the recipient
that there will be a quid pro quo payoff in
other words, contributions become bribery when
the briber expects something for something.
29
Section 15.2
Bribery
Commercial Bribery
A number of states have created statutes to
address various problems connected with
commercial bribery.
30
Section 15.2
Bribery
Commercial Bribery
In addition, courts today examine acts of
commercial bribery under the Sherman Act to
determine whether commercial bribery can be a
combination, a conspiracy, and another illegal
action with a negative effect on the restraint of
trade
31
Section 15.2
Bribery
Commercial Bribery
To have a combination or conspiracy, there must
be an agreement between two or more independent
companies in a bribery scheme.
Such a conspiracy negatively affects free trade
if the briber creates a monopoly through payoffs.
32
Section 15.2
Bribery

• What are some ways in which bribery is different
  from quasi-bribery?
• Should commercial bribery carry different
  penalties than regular bribery or quasi-bribery?
  Why or why not?

33
Section 15.3
Perjury
Perjury
Perjury is the criminal offense of making false
statements under oath or affirmation.
34
Section 15.3
Perjury
Perjury
At common law, perjury was considered a willfully
corrupt sworn statement that was

• Made without sincere belief in its truth.
• Made in a judicial proceeding regarding a
  material, or important or substantive, matter.

35
Section 15.3
Perjury
Perjury
Common law perjury had to be proven by the
testimony of two witnesses.
Since the two-witness rule has primarily been
abandoned under modern law, most courts now
require only one witness and independent
corroboration.
36
Section 15.3
Perjury
Perjury
Proof of the element of intent, a perjury case
requires proof that the witness believe that his
or her given testimony is false.
Juries are instructed to apply the objective
standard to determine the witnesss intent to
commit perjury.
37
Section 15.3
Perjury
Perjury
At common law, if a false statement did not take
place in a judicial proceeding, it was considered
a false swearing, which was only a misdemeanor.
false swearing The giving of a false oath during
a proceeding or matter in which an oath is
required by law.
38
Section 15.3
Perjury
Perjury
Modern statutes in some jurisdictions today have
broadened the offense of perjury so that a false
swearing or statement made in any legal setting
is perjury.
39
Section 15.3
Perjury
Perjury
Most jurisdictions, however, require that the
matter be material.
Materiality is a major aspect of perjury, and the
concept of it rests on whether a witnesss false
testimony has a natural effect or tendency to
influence, impede, or dissuade a jury from making
the correct decision.
40
Section 15.3
Perjury
Perjury
Under the MPC, a person commits perjury if in
any official proceeding he makes a false
statement under oath or equivalent affirmation,
or swears or affirms the truth of a statement
previously made, when the statement is material
and he does not believe it to be true.
41
Section 15.3
Perjury
Materiality and Perjury In the O.J. Simpson
trial, Detective Mark Fuhrman was charged with
perjury, following testimony in which he lied
about having used racial epithets in the past.
Some experts have said that even if his testimony
had been a lie, it was not a material one.
Continued
42
Section 15.3
Perjury
His perjury did not necessarily pertain to his
investigation of the case and recovery of
evidence in support of the defendants guilt. The
jury was not granted the opportunity to hear
questions such as Did you plant or manufacture
any evidence in this case?
Continued
43
Section 15.3
Perjury
Myth
Fact
There are no real defenses against perjury. After
all, you cant prove you havent lied.
The literal truth of a statement stands as the
ultimate defense to perjury.
44
Section 15.3
Perjury
Subornation of Perjury
At common law, if anyone procured the making of
false statements and or intentionally caused
another to commit perjury could be charged with
subornation of perjury.
subornation of perjury The crime of procuring
another person to make a false oath.
45
Section 15.3
Perjury
Subornation of Perjury
Proof of subornation of perjury requires three
elements

• Perjury in fact
• The perjured statements were procured by the
  accused
• Proof that the suborner knew or should have known
  that such oaths or testimony would be false

46
Section 15.3
Perjury
Subornation of Perjury
Federal law states
Whoever procures, another to commit any perjury
is guilty of perjury, and shall be fined not more
than 2,000 or imprisoned not more than five
years, or both.
47
Section 15.3
Perjury
Subornation of Perjury
Under the MPC, it is a crime to make a false
report to law enforcement with the purpose of
implicating another.
Under the MPC, a person commits a misdemeanor
when a person gives information about a crime to
a law enforcement officer when they know it did
not occur or pretends to provide such false
information.
48
Section 15.3
Perjury

• Why do you think that the laws regarding false
  swearing have changed since common law?
• What are the elements that are required for
  subornation of perjury?

49
Section 15.4
Obstruction of Justice
Obstruction of Justice
Obstruction of justice is the act by which one or
more persons attempt to prevent, or actually
prevent, the execution of lawful process.
The intent element is referred to as the nexus
requirement.
50
Section 15.4
Obstruction of Justice
Obstruction of Justice
When a statute addressing this subject
encompasses more than interference with police
officers and other such administrative officials,
it is sometimes called obstruction of
governmental administration or obstructing
governmental operations.
51
Section 15.4
Obstruction of Justice
Witness Tampering Laws
Some witness tampering laws were designed to
address actions by organized criminals, who are
known for attempting to intimidate or influence
the outcome of trials and prosecutions.
52
Section 15.4
Obstruction of Justice
Witness Tampering Laws
witness tampering Illegal conduct with the intent
to influence witness testimony, such as by
approaching a potential witness with threats or
other means to prevent the witness from
testifying.
53
Section 15.4
Obstruction of Justice
Witness Tampering Laws
An example of a witness tampering law is the
Victim and Witness Protection Act, which Congress
enacted in 1982.
This act addressed the variety of problems faced
by victims and witnesses, including harassment
and threats from defendants former criminal
associates.
54
Section 15.4
Obstruction of Justice
Witness Tampering Laws
To prove witness tampering charges, the
government has the burden of proving that the
defendant

• knowingly
• engaged in intimidation, physical force, threats,
  misleading conduct, or corrupt persuasion

Continued
55
Section 15.4
Obstruction of Justice
Witness Tampering Laws

• with the intent to influence, delay, or prevent
  testimony or cause any person to withhold a
  record, object, or document
• from an official proceeding

56
Section 15.4
Obstruction of Justice
Witness Tampering Laws The federal statute on
witness tampering provides that Whoever
knowingly uses intimidation or physically force,
threatens, or corruptly persuades another person,
or attempts to do so, or engages in misleading
conduct toward another person with intent to
Continued
57
Section 15.4
Obstruction of Justice
hinder, delay, or prevent the communication to a
law enforcement officer or judge of the United
States or information relating to the commission
or possible commission of a Federal offense or a
violation of conditions of probation, parole, or
release pending judicial proceedingsshall be
fined under this title or imprisoned not more
than ten years, or both.
58
Section 15.4
Obstruction of Justice
Suppressing Evidence
Suppressing evidence occurs when a defendant, or
a person working on behalf of the defendant,
suppresses (hides), destroys, or refuses to
produce evidence relevant to a grand jury
investigation.
59
Section 15.4
Obstruction of Justice
Suppressing Evidence
Federal law states that a defendant, in order to
be convicted of obstruction of justice for the
concealment of subpoenaed documents in a federal
proceeding, must

• Have knowledge of the pending grand jury
  investigation.

Continued
60
Section 15.4
Obstruction of Justice
Suppressing Evidence

• Know that particular documents are covered by a
  subpoena.
• Willfully conceal or endeavor to conceal them
  from a grand jury.

61
Section 15.4
Obstruction of Justice
Suppressing Evidence
An example of this occurred in the case of United
States v. Brooks, in which the Fifth Circuit
Court upheld a conviction for obstruction of
justice where testimony indicated that subpoenaed
corporate minutes had been altered after the date
of subpoena and some original minutes remained
missing.
62
Section 15.4
Obstruction of Justice

• Should the federal witness tampering statute
  apply only to witnesses who are not involved in
  undercover operations? Should it apply only to
  classic cases of intimidating or threatening
  witnesses?

Continued
63
Section 15.4
Obstruction of Justice

• What are some ways that evidence can be
  suppressed? Among the participants in a trial,
  who seems most likely to suppress evidence?

64
Section 15.5
Resisting Arrest
Resisting Arrest
One way that the law can restrict a persons
freedom is through arrest, and therefore
resisting arrest is considered a crime.
resisting arrest Physical efforts to oppose a
lawful arrest.
65
Section 15.5
Resisting Arrest
Resisting Arrest
At common law, resisting arrest amounted to a
trespass against the police officer that was
similar to battery.
It was believed that when an officer had a legal
right to arrest or restrain a private citizen,
that citizen can have no right to resist since
the two rights cannot coexist.
66
Section 15.5
Resisting Arrest
Resisting Arrest
Since an officer at common law was not authorized
to make an arrest without a warrant for a
misdemeanor not committed in his presence, a
defendant who killed an officer who did not have
the right to arrest him
The result was that the offence would be reduced
from murder to manslaughter.
67
Section 15.5
Resisting Arrest
Modern Statutes
Some laws forbid resisting arrest in any
circumstances.
The Model Penal Code and statutes in a number of
states specify that an individual does not ever
have the right to use force in resisting a law
enforcement officer who is making an arrest.
68
Section 15.5
Resisting Arrest
Modern Statutes
In the case of People v. Volition, a court
affirmed the defendants conviction of resisting
arrest even though it found that the officers had
engaged in an unlawful seizure.
Thus, even if the underlying charge or seizure is
deemed illegal, if the defendant knowingly
resists an arrest by a police officer, he will
still be guilty of resisting arrest.
69
Section 15.5
Resisting Arrest
Modern Statutes
At common law and those states that still follow
the common law rule, force is allowed to prevent
an unlawful arrest.
In such a case, a suspect may use only a
reasonable amount of force to ward off the
arresting official.
70
Section 15.5
Resisting Arrest
Modern Statutes
There are two main reasons for the ongoing
disagreement regarding resisting unlawful arrests

• The accused rarely knows at the time of the
  arrest whether it is lawful or not.
• The unlawfully arrested individual has other
  recourse or remedies post arrest, including civil
  remedies for wrongful arrest.

71
Section 15.5
Resisting Arrest
Modern Statutes
Citizens who fear unlawful arrests should know
that unlawful arrests can and do have effects
upon the civil and criminal justice system.
Individuals who are wrongfully arrested can sue
for damages through a civil court.
72
Section 15.5
Resisting Arrest
Modern Statutes
If officers find evidence during an unlawful
arrest, that evidence cannot be admitted at trial
no matter how valuable it may be to the
prosecution.
This concept exists to prevent police officers
from benefiting in any way from illegal searches
and seizures that are in violation of the
individuals constitutional rights.
73
Section 15.5
Resisting Arrest
Myth
Fact
An individual is legally within his or her rights
to physically resist an unlawful arrest.
Most states forbid the resistance of any arrest,
whether lawful or unlawful.
74
Section 15.5
Resisting Arrest

• Should individuals have the right to resist
  unlawful arrest? Why or why not?
• What factors make it difficult for jurisdictions
  to decide whether resisting unlawful arrest
  should be legal?

75
Section 15.6
Compounding and Misprision of a Felony
Compounding and Misprision of a Felony
Compounding a felony is an offense that occurs
when someone refuses to report or prosecute a
felony in exchange for some benefit or reward of
some value.
As a result, the defendant escapes conviction and
punishment, which may cause greater harm to
society.
76
Section 15.6
Compounding and Misprision of a Felony
Compounding and Misprision of a Felony
The essence of the crime of compounding a felony
is the making of the unlawful agreement that
causes one to decline prosecution.
77
Section 15.6
Compounding and Misprision of a Felony
Compounding and Misprision of a Felony
As an example, the MPC states that a person
commits a misdemeanor if he accepts or agrees to
accept any pecuniary benefit in consideration of
refraining from reporting to law enforcement
authorities the commission or suspected
commission of any offense or information relating
to an offense.
Continued
78
Section 15.6
Compounding and Misprision of a Felony
Compounding and Misprision of a Felony
It is an affirmative defense to prosecution under
this Section that the pecuniary benefit did not
exceed an amount which the actor believed to be
due as restitution or indemnification for harm
caused by the offense.
79
Section 15.6
Compounding and Misprision of a Felony
Compounding and Misprision of a Felony
Compounding a crime differs from the offense of
misprision of a felony.
misprision of a felony The act of failing to
report or prosecute a known felony, and taking
positive steps to conceal the crime.
80
Section 15.6
Compounding and Misprision of a Felony
Compounding and Misprision of a Felony
Misprision of a felony is defined under federal
law as
Continued
81
Section 15.6
Compounding and Misprision of a Felony
Compounding and Misprision of a Felony
Whoever, having knowledge of the actual
commission of a felony cognizable by a court of
the United States, conceals and does not as soon
as possible make known the same to some judge or
other person or military authority under the
United States, shall be fined under this title or
imprisoned not more than three years, or both.
82
Section 15.6
Compounding and Misprision of a Felony

• Why is misprision of a felony considered a more
  serious crime than compounding a felony? Do you
  agree with this?
• Should society be more concerned about felonies
  and insist that all felonies be prosecuted, as
  opposed to prosecuting misdemeanors?

83
Section 15.7
Escape
Escape
The crime of escape covers individuals who escape
while in the custody of a police officer, the
custody of a jail or lock-up, or the custody of
any type of correctional facility.
escape A crime that occurs when a person who is
lawfully imprisoned leaves custody before he or
she is entitled to freedom by due process of law.
84
Section 15.7
Escape
Escape
A person is guilty of this crime if, without
lawful authority, he or she commits one of the
following acts

• Removes or attempts to leave official detention.
• Fails to return to official detention following a
  temporarily granted leave.

85
Section 15.7
Escape
Escape
Before a conviction for escape can be sustained,
the prosecution must first prove that the person
was actually under arrest.
If the arrest was not completed, such as due to
resistance, the accused is not guilty of the
crime of escape.
86
Section 15.7
Escape
Escape
An accused who flees just as he or she is about
to be arrested or placed in handcuffs has not
escaped within the meaning of the statute.
87
Section 15.7
Escape
Escape
One important exception to the elements that form
the crime of escape can be found in some recent
cases, which have interpreted escape statutes to
exclude inmates who escape custody as the result
of reasonable fears for their safety while
incarcerated.
88
Section 15.7
Escape
Under what circumstances are escape statutes
interpreted to exclude certain inmates? Do you
agree with this? Why or why not?
89
Section 15.8
Contempt of Court
Contempt of Court
Contempt of Court is any affirmative act or
omission that obstructs justice or attempts to
negate the dignity and authority of the court.
90
Section 15.8
Contempt of Court
Contempt of Court
Courts may cite or issue summonses to individuals
for contempt and civil disobedience of court
orders, disruption of court proceedings, and
other affronts to the courts dignity and
authority.
91
Section 15.8
Contempt of Court
Contempt of Court
Generally contempt is divided into four
categories

• Direct contempt
• Constructive or indirect contempt
• Criminal contempt
• Civil contempt

92
Section 15.8
Contempt of Court
Contempt of Court
Direct contempt is criminal in nature.
direct contempt A criminal form of contempt of
court, which occurs in the presence of the court
when a person resists the courts power.
93
Section 15.8
Contempt of Court
Contempt of Court
In cases of direct contempt, the court has the
option to impose a fine or imprisonment for a
specified period of time.
As with any crime, if the potential punishment
for contempt is six months or more, the defendant
is entitled to a jury trial.
94
Section 15.8
Contempt of Court
Contempt of Court
Constructive contempt is also known as indirect
contempt and may be be either civil or criminal.
constructive contempt Contempt of court that
results from matters outside the court, such as
failure to comply with court orders.
95
Section 15.8
Contempt of Court
Contempt of Court
An example of constructive contempt would be the
failure to comply with a judicial order.
This type of 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.
96
Section 15.8
Contempt of Court
Contempt of Court
The penalty for criminal contempt is intended as
punishment, and is usually a fine or imprisonment
for a specified period of time.
criminal contempt An act of disrespect toward the
court or its procedures, other than direct
contempt, that obstructs the administration of
justice.
97
Section 15.8
Contempt of Court
Contempt of Court
The penalty for civil 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.
civil contempt The failure to do something
ordered by the court for the benefit of another
party to the proceedings.
98
Section 15.8
Contempt of Court
Civil Contempt The penalty for civil 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.
However, if the imprisonment clearly fails to act
as coercion and acts merely to punish then it
must cease.
99
Section 15.8
Contempt of Court
Can constructive contempt be as harmful as direct
contempt in some circumstances? Why or why not?
100
End of Chapter 15