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Ch 13 Offenses Against Justice & Public Admin
1. Scheb and Scheb, Criminal Law and Procedure 7 th edition Chapter 13: Offenses against Justice and Public Administration
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Notas del editor
Tangible – sale of property for less than its true value – if the seller’s real purpose was to benefit the purchaser to influence his or her official governmental actions – State v. Sawyer (1954)
False swearing – includes an oath taken in other than a judicial proceeding All states have perjury statutes and the Most common form of perjury – falsifying tax return Grants of immunity does not protect witnesses from prosecutions of perjury ( DeMan v. State of Alaska , 1984) DeMan – courts reason that although someone can be compelled to testify, they cannot be compelled to testify falsely Perjury by False Statements – cannot be convicted of perjury this way unless the prosecution can prove which statement is true Subordination of Perjury – TN Supreme Court – upheld subordination conviction of an attorney for counseling four men charged with illegally selling whiskey to commit perjury after his clients were convicted ( Grant v. State of TN , 1964)
Miller v. State - Currently, courts have said it is unlawful to resist an arrest regardless of the legality of the arrest Oregon v. Wright - Courts have also said that an arrestee may use only such physical force as is reasonable necessary to defend themselves against police excessive force
Compounding a crime is not bribery because it is not a public official TN – both parties are guilty
1) departing from any lawful custody; 2) if force was used to escape it was considered a prison break; 3) a person who forcefully freed another from lawful custody was considered rescue PEOPLE v. LOVERCAMP (California) – Marsha Lovercamp was attacked by other inmates demanding sex. Prison authorities failed to provide Lovercamp with adequate protection, and she escaped. She was tried and convicted for escape but on appeal the court reversed because the trial judge did not allow evidence of her plight as a justification of her escape Court set guidelines for asserting duress or necessity as a defense Prisoner faced with threat of death, forcible sexual attack or substantial bodily harm in the immediate future There is no time for a complaint to the authorities or there is a history of futile complaints There is no time to resort to the courts for resolution There is no use of force against prison personnel or innocent persons in the escape Prisoner immediately reports to the proper authorities when he has attained a position of safety
Anti-Abortion group – one member refused to give his name – there was no way to identify the man so the court held him in contempt of court – the man spent one year in jail and was released – one year is the amount of time he would have served if he would have been convicted of criminal trespassing – they never knew his name
Direct – disruptions of the examinations of witnesses, assault on a judge, juror or court officers, Indirect – an attorney charged with responsibility of a case who is willfully absent from court or a juror discussing the facts of a case with a news reporter before the trial is over
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