Chapter 12: Crimes Against the Government Flashcards
Three elements to the crime of treason:
- One who levys war against the United States or gives aid and comfort to the enemies of the United States (actus reus)
- One who intentionally gives aid and comfort for the sole purpose of betraying the United States. (mens rea)
- To prove the crime of treason requires two witness to an overt act (actus reus) or a confession that is made in open court.
Rebellion
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
Espionage
Spying on behalf of a foreign government
Sedition
When a person(s) communicate or agree with the intention to defame the government or to incite treason. This can include written instruments or speech for the purpose of advocating the violent overthrow of the government.
Terrorism
Acts of violence committed with the intent of coercing a population through force, fear, intimidation or threat.
Obstruction of justice
When a person willfully interferes with the justice process and/or the law.
Types of obstruction
Typically include perjury, subornation of perjury, threatening, tampering, impeding or harming witnesses, jurors, legal officers, court officers, judicial officials. Obstruction of justice can also include providing information that is false or that would otherwise impede or hinder an official investigation or legal process.
The most common form of obstruction of justice
Resisting arrest
Perjury
Under common law, perjury occurred when one gave, willfully, false testimony while under oath in a judicial proceeding. Today, perjury can be extended, in some circumstances, to making a false statement, giving false testimony or affirming false material, see the statute below as an example.
Subornation of perjury
When one persuades another to commit the crime of perjury
Criminal Contempt
Calculated conduct that is deliberately designed to embarrass or obstruct a court of law or that is designed to devalue the position of a judicial officer in the course of their duties.
Escape
Leaving official confinement or custody unlawfully and without permission. Escape also includes when one fails to return to custody or confinement after an official, temporary leave.
Misconduct in Office
Actions which an elected/appointed official has no right to perform, has performed in an improper manner or failed to perform when required to do so.
Nonfeasance
Failing to act when required to do so.
Misfeasance
Performing duties in an improper manner
