CHAPTER 13: OFFENSES AGAINST JUSTICE AND PUBLIC ADMINISTRATION

10. 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.

?

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

F

14. 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.

F

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

F

17. Legislative contempt is not a criminal offense.

F

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

F

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

F

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

F

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

T

11. Perjury was a specific-intent crime at common law.

T

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

T

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

T

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

T

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

T

19. 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.

T

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

T

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

T

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

T

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

T

8. 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.

T

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

T

2. 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.

a. Murray has committed perjury.

6. At common law _______ was a misdemeanor. a. bribery b. sodomy c. manslaughter d. burglary

a. bribery

24. 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

a. commercial bribery

25. Defenses to a charge of bribery include denial and __________________. a. entrapment b. consent c. necessity d. recantation

a. entrapment

20. 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

a. indirect contempt

15. 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

a. law enforcement officers

18. 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

a. misprision of felony

17. 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

b. compounding a felony

13. At common law __________ of perjury consisted of instigating or procuring another person to commit perjury. a. solicitation b. subornation c. corruption d. misprision

b. subornation

12. 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

b. two-witness

3. 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.

c. Nosra may have had a good defense if he had turned himself in to police promptly after having escaped.

21. 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.

c. The power of contempt is vested exclusively in judicial bodies.

16. 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

c. an unlawful arrest

1. 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

c. compounding a felony

5. 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

c. rescue

22. 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

c. subornation of perjury

4. 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

d. All of these

11. _________ 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

d. Perjury

14. 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

d. all of the these

7. 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

d. bribery

8. All states have laws making ____________ a criminal offense. a. sodomy b. seduction c. perjury d. miscegenation

d. miscegenation

23. 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

d. none of these

9. 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

d. obstruction of justice

19. 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

d. prison break