Deck 9: Crimes Against the State

Question 1

Which statement is incorrect concerning the impeachment of a president?

A) Impeachment articles are voted on in the House of Representatives.
B) Impeachment articles are voted on in the Senate.
C) A trial is held by the Senate, which requires a two-thirds super majority for conviction.
D) The charge must be that the object of impeachment has committed high crimes or misdemeanors.
E) Congress has never established a standard burden of proof, but rather leaves this up to each individual's conscience.

Answer 1

Impeachment articles are voted on in the Senate.

Question 2

Which is not true of impeachment?

A) Impeachment is a rare event.
B) Impeachment trials take place in the Senate.
C) A president who is impeached is immune from criminal charges arising out of the same incident for which he or she was impeached.
D) Two-thirds of the Senate must affirm the charges in the articles of impeachment in order for a conviction.
E) None of the above are false; they are all true.

Answer 2

A president who is impeached is immune from criminal charges arising out of the same incident for which he or she was impeached.

Question 3

Which is not a bribe?

A) Payment to a customs official so that he will not look in your luggage and find a kilo of cocaine
B) Payment to your probation officer in exchange for skipping a scheduled drug test
C) A gift from your mother to your kindergarten teacher in exchange for the teacher's passing you on to first grade
D) A request to the police officer who stopped you for speeding to have mercy on you because your insurance will go up if you get another speeding ticket
E) both C and D

Answer 3

both C and D

Question 4

Which is true?

A) The Department of Justice has never issued a subpoena for a reporter's testimony.
B) The Department of Justice does not routinely issue subpoenas for reporters' testimony.
C) The reporter's privilege to protect sources is absolute.
D) The reporter's privilege to protect sources does not exist.
E) None of the above is true.

Question 5

Obstruction of justice:

A) may include influencing jurors, destroying records, and lying to police officers conducting an investigation.
B) is strictly a federal crime.
C) is strictly a state crime.
D) may be proved by a preponderance of evidence.
E) none of the above

Question 6

Perjury:

A) is the giving of false testimony in a judicial proceeding or an administrative proceeding.
B) must take place during a jury trial.
C) may include lying under oath.
D) none of the above
E) A and C only

Question 7

Under federal law, each of the following may be contempt except:

A) misbehavior by the jurors during the court session.
B) disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
C) misbehavior of any of the court's officers in their official transactions.
D) misbehavior of any person in a court's presence or so near thereto as to obstruct the administration of justice.
E) A defense attorney filing an objection.

Question 8

The elements which constitute bribery include:

A) the recipient or target of the bribe must be a government official
B) a bribe in the form of money, goods, favors, or something of value was offered or given with the intent to induce an action or inaction.
C) the government official committed the desired action or inaction.
D) all of the above
E) A and B only

Question 9

RICO:

A) makes it illegal to gamble.
B) stands for Racketeering Influenced and Corrupt Organizations Act.
C) requires two or more illegal acts be committed by the organization within 35 years.
D) none of the above
E) all of the above

Question 10

Civil disobedience always involves:

A) corrupt politicians.
B) misbehaving policemen.
C) trespass.
D) a noble cause.
E) vandalism.

Question 11

Knowingly providing false testimony to a grand jury would be what type of perjury?

A) Section 1621 perjury.
B) Section 1623 perjury.
C) Subornation of perjury.
D) Both A and B.
E) all of the above

Question 12

Which of the following is/are elements of obstruction of justice?

A) There is a pending legal proceeding.
B) The defendant knew of the pending legal proceeding.
C) The defendant acted corruptly with the specific intent to obstruct or interfere with the proceeding or due administration of justice.
D) A, B, and C.
E) None of the above

Question 13

Which of the following is/are true about escape from prison?

A) Misdemeanor convicts who escape are guilty of misdemeanor escape.
B) Felony convicts who escape are guilty of felony escape.
C) A person convicted of aiding a prisoner escaping is guilty of aiding escape.
D) Many states allow duress as a defense to escape.
E) all of the above

Question 14

Which of the the following are examples of tax evasion?

A) Failure to file a required tax return
B) Filing a fraudulent tax return
C) Making a late tax payment
D) Negotiating a settlement on back taxes
E) A and B

Question 15

Which of the following is/are true concerning mail fraud?

A) It involves virtually every type of fraud, provided the offer is transmitted through the mail.
B) Mail fraud statutes apply to e-mail as well.
C) Prosecutors sometimes tack on a mail fraud charge as leverage in larger criminal proceedings.
D) Mail fraud penalties range up to $1,000,000 and 30 years in prison.
E) A, C, and D.

Question 16

How many witnesses does the law require to testify to a person's perjury to obtain a conviction?

A) No specific number. The law allows proof of perjury through circumstantial evidence.
B) One.
C) Two.
D) Three.
E) none of the above

Question 17

The perjury trap occurs when:

A) telling the truth would force the witness to incriminate himself.
B) telling the truth would contradict previous statements to law enforcement officials.
C) a witness is threatened with death if he testifies truthfully.
D) a witness is threatened with harm to his family if he testifies truthfully.
E) all of the above

Question 18

Which of the following is/are elements of perjury?

A) An oath
B) Intent
C) Falsity
D) Materiality
E) all of the above

Question 19

Which of the following constitute obstruction of justice?

A) Hiding, changing, or destroying documents related to a judicial proceeding.
B) Encouraging or giving false testimony.
C) Intimidation, threats, or harm to witnesses
D) Intimidation, threats or harm to judges, jurors, or others involved in a legal proceeding.
E) all of the above

Question 20

Perjury is generally defined as giving false testimony in a judicial proceeding or an administrative proceeding, lying under oath as to a material fact, or swearing to the truth of anything one knows or believes to be false.

Question 21

One form of perjury is the giving of false testimony in any government proceeding.

Question 22

A form of perjury is lying about your whereabouts to a family member.

Question 23

Subornation of perjury is convincing or seeking to convince another person to commit perjury.

Question 24

Obstruction of justice is the crime of impeding or hindering the administration of justice in any way.

Question 25

Obstruction of justice requires the actual destruction of evidence that could be used in a criminal case, knowing that its destruction will prevent the conviction of a guilty party.

Question 26

Contempt is conduct that brings the authority and administration of the law into disrespect or that embarrasses or obstructs the court's discharge of its duties.

Question 27

Bribery is the crime of giving something of value to a public official with the intention of influencing their actions.

Question 28

Bribery is the crime of giving something of value to a public official with the intention of influencing their actions and requires the official to accept the payment and allow the influence on their actions.

Question 29

Impeachment is an indictment of a federal official charging him/her with "treason, bribery, and high crimes and misdemeanors" with the purpose of removing the person from office.

Question 30

Recantation is a defense to obstruction of justice

Question 31

Absence of warning by the court is a defense to contempt.

Question 32

Attorney-client privilege is a defense to contempt.

Question 33

Double jeopardy is a defense to contempt.

Question 34

Reporter's privilege is a defense to contempt

Question 35

Duress is a defense to escape.

Question 36

Under RICO, corporations can be corrupt organizations.

Question 37

Under RICO, a partnership cannot be a corrupt organization.

Question 38

Under RICO, a sole proprietorship cannot be a corrupt organization

Question 39

Under RICO, the government cannot be a corrupt organization.

Question 40

Convincing or seeking to convince another person to commit perjury is _______________.

Question 41

The Common Law rule that requires two witnesses to testify to another's perjury in order for a conviction to take place is ______________ .

Question 42

When a person retracts his or her testimony, it is called ______________.

Question 43

When a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony, it is a __________________.

Question 44

________________ is an illegal attempt to influence a witness' sworn testimony.

Question 45

A person who impedes or hinders the administration of justice in any way is guilty of _______________.

Question 46

Conduct that diminishes the dignity, effectiveness and efficiency of the judicial process is ___________________.

Question 47

_________ is the crime of giving something of value with the intention of influencing the action of a public official.

Question 48

_____________ is the main federal law that enables the government to prosecute individuals and organizations for a pattern of criminal activity.

Question 49

The indictment of a public official that leads to a trial to determine whether he or she should be removed from office is _____________.

Question 50

MATCHING

-Tax evasion

A) Giving false testimony to a material fact under oath.
B) Conduct that diminishes the dignity, effectiveness, and efficiency of the judicial system.
C) A situation where a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony.
D) Convincing or seeking to convince another person to commit perjury.
E) An attempt to defeat or avoid paying a tax.
F) An illegal attempt to influence a witness' sworn testimony.
G) Common Law rule that requires two witnesses to another's perjury for conviction.
H) Using the U.S. Postal Service in furtherance of a fraudulent scheme.
I) The crime of impeding or hindering the administration of justice in any way.
J) The retraction of testimony

Question 51

MATCHING

-Mail fraud

A) Giving false testimony to a material fact under oath.
B) Conduct that diminishes the dignity, effectiveness, and efficiency of the judicial system.
C) A situation where a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony.
D) Convincing or seeking to convince another person to commit perjury.
E) An attempt to defeat or avoid paying a tax.
F) An illegal attempt to influence a witness' sworn testimony.
G) Common Law rule that requires two witnesses to another's perjury for conviction.
H) Using the U.S. Postal Service in furtherance of a fraudulent scheme.
I) The crime of impeding or hindering the administration of justice in any way.
J) The retraction of testimony

Question 52

MATCHING

-Perjury

A) Giving false testimony to a material fact under oath.
B) Conduct that diminishes the dignity, effectiveness, and efficiency of the judicial system.
C) A situation where a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony.
D) Convincing or seeking to convince another person to commit perjury.
E) An attempt to defeat or avoid paying a tax.
F) An illegal attempt to influence a witness' sworn testimony.
G) Common Law rule that requires two witnesses to another's perjury for conviction.
H) Using the U.S. Postal Service in furtherance of a fraudulent scheme.
I) The crime of impeding or hindering the administration of justice in any way.
J) The retraction of testimony

Question 53

MATCHING

-Subornation of perjury

A) Giving false testimony to a material fact under oath.
B) Conduct that diminishes the dignity, effectiveness, and efficiency of the judicial system.
C) A situation where a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony.
D) Convincing or seeking to convince another person to commit perjury.
E) An attempt to defeat or avoid paying a tax.
F) An illegal attempt to influence a witness' sworn testimony.
G) Common Law rule that requires two witnesses to another's perjury for conviction.
H) Using the U.S. Postal Service in furtherance of a fraudulent scheme.
I) The crime of impeding or hindering the administration of justice in any way.
J) The retraction of testimony

Question 54

MATCHING

-Two witness rule

A) Giving false testimony to a material fact under oath.
B) Conduct that diminishes the dignity, effectiveness, and efficiency of the judicial system.
C) A situation where a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony.
D) Convincing or seeking to convince another person to commit perjury.
E) An attempt to defeat or avoid paying a tax.
F) An illegal attempt to influence a witness' sworn testimony.
G) Common Law rule that requires two witnesses to another's perjury for conviction.
H) Using the U.S. Postal Service in furtherance of a fraudulent scheme.
I) The crime of impeding or hindering the administration of justice in any way.
J) The retraction of testimony

Question 55

MATCHING

-Recantation

A) Giving false testimony to a material fact under oath.
B) Conduct that diminishes the dignity, effectiveness, and efficiency of the judicial system.
C) A situation where a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony.
D) Convincing or seeking to convince another person to commit perjury.
E) An attempt to defeat or avoid paying a tax.
F) An illegal attempt to influence a witness' sworn testimony.
G) Common Law rule that requires two witnesses to another's perjury for conviction.
H) Using the U.S. Postal Service in furtherance of a fraudulent scheme.
I) The crime of impeding or hindering the administration of justice in any way.
J) The retraction of testimony

Question 56

MATCHING

-Perjury Trap

A) Giving false testimony to a material fact under oath.
B) Conduct that diminishes the dignity, effectiveness, and efficiency of the judicial system.
C) A situation where a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony.
D) Convincing or seeking to convince another person to commit perjury.
E) An attempt to defeat or avoid paying a tax.
F) An illegal attempt to influence a witness' sworn testimony.
G) Common Law rule that requires two witnesses to another's perjury for conviction.
H) Using the U.S. Postal Service in furtherance of a fraudulent scheme.
I) The crime of impeding or hindering the administration of justice in any way.
J) The retraction of testimony

Question 57

MATCHING

-Witness tampering

A) Giving false testimony to a material fact under oath.
B) Conduct that diminishes the dignity, effectiveness, and efficiency of the judicial system.
C) A situation where a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony.
D) Convincing or seeking to convince another person to commit perjury.
E) An attempt to defeat or avoid paying a tax.
F) An illegal attempt to influence a witness' sworn testimony.
G) Common Law rule that requires two witnesses to another's perjury for conviction.
H) Using the U.S. Postal Service in furtherance of a fraudulent scheme.
I) The crime of impeding or hindering the administration of justice in any way.
J) The retraction of testimony

Question 58

MATCHING

-Obstruction of Justice

A) Giving false testimony to a material fact under oath.
B) Conduct that diminishes the dignity, effectiveness, and efficiency of the judicial system.
C) A situation where a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony.
D) Convincing or seeking to convince another person to commit perjury.
E) An attempt to defeat or avoid paying a tax.
F) An illegal attempt to influence a witness' sworn testimony.
G) Common Law rule that requires two witnesses to another's perjury for conviction.
H) Using the U.S. Postal Service in furtherance of a fraudulent scheme.
I) The crime of impeding or hindering the administration of justice in any way.
J) The retraction of testimony

Question 59

MATCHING

-Contempt

A) Giving false testimony to a material fact under oath.
B) Conduct that diminishes the dignity, effectiveness, and efficiency of the judicial system.
C) A situation where a grand jury subpoenas a witness for the sole purpose of obtaining perjured testimony.
D) Convincing or seeking to convince another person to commit perjury.
E) An attempt to defeat or avoid paying a tax.
F) An illegal attempt to influence a witness' sworn testimony.
G) Common Law rule that requires two witnesses to another's perjury for conviction.
H) Using the U.S. Postal Service in furtherance of a fraudulent scheme.
I) The crime of impeding or hindering the administration of justice in any way.
J) The retraction of testimony

Question 60

You read about the case of "Scooter" Libby, who was convicted of obstruction of justice and perjury, but had his sentence commuted by President George W. Bush before he had to serve any of the 30 months in prison the judge sentenced him to serve. Should he have served the sentence?

Question 61

Using the Alcee Hastings case as an example, explain the concept of impeachment.

Question 62

You represent a client accused of rape and murder. The prosecution experts have presented DNA evidence from the crime scene tying your client to the victim. What options should you explore for defending your client?

Question 63

What should the punishment be for technicians who provide false information which leads to the conviction of a factually innocent defendant?