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Additional Crimes against the Government

17 February, 2016 - 11:05

Additional crimes against the government that impair the orderly administration of justice are contempt1 resisting arrest,   2 and escape3 Review the statutes in the endnotes for common elements and grading of these offenses.

Figure 13.10
 

KEY TAKEAWAYS

  • Most jurisdictions define perjury as a false material statement (criminal act), made with specific intent or purposely to deceive, or the general intent or knowingly that the statement was false, in a judicial or official proceeding, or in a certified writing (attendant circumstance), under oath (attendant circumstance).
  • The issues commonly encountered in any perjury prosecution are proving the validity of the oath, the defendant’s criminal intent, or the materiality of the false statement, and any requirement of corroborative evidence.
  • Many jurisdictions provide a defense to perjury if the defendant retracts his or her false statement in the course of the same proceeding in which it was made before it becomes manifest that the falsification will be exposed.
  • Perjury by inconsistent statements is when the defendant makes statements that are inconsistent (criminal act), in a judicial proceeding (attendant circumstance), after taking a validly administered oath (attendant circumstance). The prosecution does not need to prove which statement is false for this offense. Subornation of perjury is procuring another to commit perjury (criminal act), with specific intent o r purposely, or general intent or knowingly, and factually and legally causing the resulting harm that perjury is actually committed.
  • Perjury is generally graded as a felony, with a potential sentencing enhancement for committing perjury that causes another to be sentenced to prison or the death penalty. Subornation of perjury is also graded as a felony.
  • Many criminal statutes define bribery as conferring, offering, agreeing to confer, or soliciting, accepting, or agreeing to accept, any benefit upon a public official (criminal act) with the specific intent or purposely, or the general intent o r knowingly to form an agreement or understanding that the public official’s decision making will be influenced by the benefit. The crime of bribery is often extended to apply to persons other than public officials, such as employees, agents, or fiduciaries for the purpose of influencing the bribed individual’s on-the-job conduct, which is called commercial bribery. Bribery can also cover members of a state legislature, any judicial officer, juror, referee, umpire, or witness. The primary issue in a bribery prosecution is proving the defendant’s criminal intent to enter into an agreement that influences the bribed individual’s decision making. Bribery is typically graded as a felony, with enhancements for a bribe that is a large sum of money or bribery that results in incarceration for a felony, along with a disqualification from office.
  • Some typical examples of obstruction of justice are as follows: giving false identification to a law enforcement officer, impersonating a law enforcement officer, refusing to aid a law enforcement officer when requested, giving false evidence, hiding or concealing oneself and refusing to give evidence, tampering with evidence, and tampering with a witness or juror. All these acts are generally supported by specific intent o r purposely, or general intent o r knowingly. Obstruction of justice is graded anywhere from a misdemeanor to a felony, depending on the offense.

EXERCISES

Answer the following questions. Check your answers using the answer key at the end of the chapter.

  1. Susannah, a Hollywood movie star, is a witness in a civil personal injury case. Susannah saw a car accident and is subpoenaed to testify that the defendant was at fault. After the court commissioner administers an oath to tell the truth, Susannah takes the witness stand. She knows the case will generate significant publicity, so Susannah shaves ten years off of her age when asked routine background questions by the prosecutor. If Susannah is thereafter caught in this lie and prosecuted for perjury, what will be the primary issue in her perjury prosecution? How will this issue be resolved?
  2. Read Statev. Carr, 172 Conn. 458 (1977). In this case, the defendant was convicted of bribery when he paid an undercover detective to refrain from investigating narcotics crimes in the area. The defendant appealed, claiming the jury should have been instructed on the lesser included offense of offering gifts to state police officers. Did the Supreme Court of Connecticut uphold the defendant’s bribery conviction? Why or why not? The case is available at this link: http://scholar.google.com/scholar_case?case=14705028387089517508&q=%22State+v.+Carr%22&hl=en&as_sdt=2,5.
  3. Read Peoplev. Silverberg, 771 N.Y.S. 2d 274 (2003). In this case, the defendant w as convicted of witness tampering for a single telephone call he made to an attorney that implied he would send letters to a grievance committee if the attorney did not drop charges against him. Did the Supreme Court of New York uphold the defendant’s conviction? Why or why not? The case is available at this link: http://scholar.google.com/scholar_case?case=3089258849772766127&q=%22witness+tampering%22&hl=en&as_sdt=4,33&as_ylo=2003.

LAW AND ETHICS

Should Former President Clinton Have Been Criminally Prosecuted for Perjury and Obstruction of Justice?

On May 6, 1994, Paula Jones filed a civil lawsuit for sexual harassment against then-president Bill Clinton.

The US Supreme Court ruled that the president was not immune to this lawsuit, allowing it to continue.   4 An investigation pursuant to the Jones lawsuit revealed that the president was currently having an affair with a White House intern, Monica Lewinsky. 5. During a Jones lawsuit deposition, the president stated under oath that he did not have sexual relations with Ms. Lewinsky pursuant to the definition of sexual relations given by the questioning attorneys.   6 He also stated that he could not recall ever being alone with Lewinsky at the White House.  7 After the deposition, he was involved in an effort to get Ms. Lewinsky a federal job outside Washington, DC.   8 Although the Jones lawsuit was dismissed, the president was evasive when asked questions regarding the Lewinsky affair during a grand jury investigation instigated by Prosecutor and former Solicitor General Kenneth Starr. The evening of the grand jury investigation, the president appeared on national TV and admitted, “Indeed, I did have a relationship with Ms. Lewinsky that was not appropriate. In fact, it was wrong. It constituted a critical lapse in judgment and a personal failure on my part for which I am solely and completely responsible.”  9 The House of Representatives later impeached Clinton for perjury and obstruction of justice, based on the statements he made at the grand jury investigation and his conduct during the Jones deposition. After a trial in the Senate, he was acquitted of both counts and thereafter served out his term as president.  10 He was never criminally prosecuted for perjury or obstruction of justice outside the impeachment procedure, although he was later disbarred for his behavior.  11

  1. Is it ethical to allow the president to avoid a criminal prosecution for perjury and obstruction of justice while he is in office? Why or why not?

Check your answer using the answer key at the end of the chapter.