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Chapter 13: Offenses Against Justice And Public Administration 1. Modern statutes have tended to narrow the common-law definition of bribery. Answer: False 2. Under the common law, both bribery and perjury were felonies. Answer: False 3. Under the common law, a defendant was permitted to forcibly resist an unlawful arrest. Answer: True 4. Under the common law, subornation of perjury consisted of instigating or procuring another person to commit perjury. Answer: True 5. Modern obstruction of justice laws prohibit a wide variety of specific conduct. Answer: True 6. Most states today have statutes making misprision of felony a crime. Answer: False 7. Modern statutes proscribing escape generally embrace several common-law crimes relating to escape. Answer: True 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. Answer: True 9. In practice, Congress and state legislative bodies that issue citations for contempt generally refer these matters to the courts for processing. Answer: True 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. Answer: False 11. Perjury was a specific-intent crime at common law. Answer: True 12. According to the authors of the textbook, illegal bribes often are disguised as political or charitable contributions. Answer: True 13. In no case is an accused contemnor entitled to a jury trial. Answer: False 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. Answer: False 15. Federal law makes it a crime to falsely swear to a variety of certifications including income tax returns. Answer: True 16. At common law, misprision of felony consisted of willfully giving false and material testimony under oath. Answer: False 17. Legislative contempt is not a criminal offense. Answer: False 18. Indirect criminal contempt consists of contemptuous acts that occur outside the court’s presence. Answer: True 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. Answer: True 20. In “perjury by contradictory statements” scenarios, modern statutes make it unnecessary for the prosecution to establish which of two contradictory statements is false. Answer: True 21. 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 Answer: C 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. Answer: A 23. 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. Answer: C 24. 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 Answer: D 25. 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 Answer: C 26. At common law _______ was a misdemeanor. a. bribery b. sodomy c. manslaughter d. burglary Answer: A 27. 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 Answer: D 28. All states have laws making ____________ a criminal offense. a. sodomy b. seduction c. perjury d. miscegenation Answer: C 29. 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 Answer: A 30. 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. Answer: C 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 Answer: D 32. 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 Answer: B 33. At common law __________ of perjury consisted of instigating or procuring another person to commit perjury. a. solicitation b. subornation c. corruption d. misprision Answer: B 34. 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 Answer: D 35. 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 Answer: A 36. 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 Answer: C 37. 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 Answer: B 38. 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 Answer: A 39. 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 Answer: D 40. 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 Answer: A 41. 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. Answer: C 42. 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 Answer: C 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 Answer: D 44. 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 Answer: A 45. Defenses to a charge of bribery include denial and ___________. a. entrapment b. consent c. necessity d. recantation Answer: A 46. Direct __________ proceedings are usually handled summarily by courts. Answer: criminal contempt 47. Under early common law, ________ consisted only of improperly influencing persons involved in the administration of justice. Answer: bribery 48. Legislative bodies have the power to hold in _______ those persons whose deliberate acts impede their activities. Answer: contempt 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. Answer: contempt 50. Some states have classified certain corrupt business practices, for example, fraudulent acts of purchasing agents, as commercial _________. Answer: bribery 51. The only recognized defense to a charge of bribery, other than denial, is ___________. Answer: entrapment 52. 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. Answer: perjury 53. At common law, to conceal a felony was an offense known as ________. Answer: misprision of felony 54. 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. Answer: compounding 55. At common law a person who forcibly freed another from lawful custody was guilty of the offense of ______. Answer: rescue 56. 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. Answer: perjury 57. The common law allowed a person to use force to resist a(n) __________ arrest. Answer: unlawful 58. 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) ___________. Answer: accessory after the fact 59. 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. Answer: necessity 60. 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. Answer: criminal contempt 61. In a bribery case, the only recognized defenses are denial and ___________. Answer: entrapment 62. 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. Answer: recantation 63. 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. Answer: misprision 64. 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. Answer: pertinence 65. The gist of the crime of _________ is the unlawful offer or agreement to do something under color of office. Answer: bribery Billy Jackson is a criminal court judge in Mammoth City. He has a reputation for not only sentencing criminals with an “iron fist,” but also conducting his courtroom in a very efficient fashion. On a particularly busy Monday morning, Judge Jackson is presiding over a trial when, during an attorney’s cross-examination of a witness, a spectator begins shouting epithets. To make matters worse, the judge is also handed a note which says that a juror has spoken with reporters about the case—in direct violation of his orders. And finally, in the midst of this chaos, the prosecutor believes that he hears the witness contradict an earlier statement given under oath in a deposition. Judge Jackson is tasked with untangling this mess. Answer the following questions about what he might determine. 66. The spectator who is shouting during testimony has provided an example of: a. direct contempt b. indirect contempt c. civil contempt d. perjury Answer: A 67. The juror that spoke to the media has provided an example of: a. direct contempt b. indirect contempt c. civil contempt d. perjury Answer: B 68. 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 Answer: B 69. 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. Answer: D 70. 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 Answer: C Bob Bream is a former prosecutor who was recently elected mayor of Mulletsville. An undercover operation has revealed that Bob is accepting cash payments in exchange for granting lucrative government-funded construction projects to local companies. And, after more thorough investigation, police detectives also learn that when Bob was a prosecutor, he accepted money in exchange for not prosecuting certain individuals. Bream is ultimately tried, convicted, and sentenced to ten years in prison for his crimes. After serving less than 2 days, he climbs a 30 foot wall in the prison exercise yard and flees—only to be captured by bounty hunters two days later. At his subsequent trial for the charge of “escape,” he puts forth the defense of necessity, citing his daily need for filet mignon. Answer the following questions about Bob’s behavior. 71. 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 Answer: B 72. 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. Answer: B 73. 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 Answer: D 74. 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. Answer: A 75. 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 Answer: C Test Bank for Criminal Law and Procedure John M. Scheb 9781285070117, 9781285690292, 9781285546131
