Test 4 - Offenses Against Public Admin, Public Order/Health, Bribery, Perjury, Obstruction, Official Misconduct, Riot, Gambling, Terrorism, Weapons Flashcards

1
Q

Quid Pro Quo - or If you do this for me, I’ll do that for you…is known as

A

Bribery In Official Political Matters

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2
Q

Statute of Limitations for most crimes is 5 years, but for bribery it’s?

A

7 years

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3
Q

If you get pulled over for speeding, offer the officer $100 to avoid a ticket, and he takes it, you can both be charged with?….but the officer can also be charged with?

A

Bribery…..Official Misconduct

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4
Q

If Sam fires Joe because Joe’s brother arrested Sam’s brother….Sam can be charged with?

A

Retaliation for Past Official Action

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5
Q

In Retaliation for Past Official Action, the retaliation has to be criminal

A

False

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6
Q

Sam is a Lieutenant, Joe is a Captain. Sam threatens to harm Joe to influence Joe into putting in a good word for Sam with the Chief so Sam can get promoted. What’s the charge?

A

Threats and other Improper Influence

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7
Q

Sam is on a fixed post for 8 hours on a very cold day. A nearby Dunkin Donuts employee comes out to give Sam a large coffee to help keep him warm. Sam is within his right to accept it.

A

No, this is considered Acceptance or Receipt of Unlawful Benefit by Public Servant for Official Behavior

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8
Q

Sam is on a fixed post for 8 hours on a very cold day. A nearby Dunkin Donuts employee comes out to give Sam a large coffee to help keep him warm, and when he gives Sam the coffee, the employee says “take care of our store and we’ll take care of you,” but Sam politely refuses the coffee. Is there a charge for anyone?

A

Yes, the Dunkin Donuts employee can be charged with “Offer of Unlawful Benefit to Public Servant for Official Behavior”

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9
Q

Sam is on a fixed post for 8 hours on a very cold day. A nearby Dunkin Donuts employee genuinely feels bad and comes out to give Sam a large coffee to help keep him warm. but Sam politely refuses the coffee. What’s the charge?

A

There is no charge because the employee’s intentions weren’t to get some kind of benefit (he really did feel bad) and Sam didn’t accept it.

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10
Q

What are the 4 requirements of Perjury?

A

1) Official Proceeding 2) Statement has to be material (can affect the course of the proceeding/outcome) 3) Has to be under oath 4) Person has to know it’s false

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11
Q

What’s the difference between perjury and false swearing?

A

In false swearing, it only has to be under oath and the person has to know it’s false

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12
Q

If Sam is given his testimony and he genuinely believes it to be true, but it turns out that it’s not, should he be charged with perjury or false swearing?

A

None. He genuinely believed it to be true.

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13
Q

This is a crime against the system, not a particular officer.

A

Resisting

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14
Q

It takes 5 officers to get Sam arrested. How many counts of Resisting Arrest?

A

1, it’s a crime against the system.

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15
Q

Sam is walking down the street and cops notice drugs on him so Sam tries to run away. He should be charged with eluding.

A

No, eluding involves a motor vehicle.

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16
Q

A criminal is on the run and Sam aids him by giving him shelter. What’s the charge on Sam? What’s the charge on the criminal?

A

Hindering Apprehension of Another…Hindering One’s Own Apprehension

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17
Q

A criminal is on the run and offers sam $5 to stay shut. What can sam be charged with if he accepts the money?

A

Compounding (agreeing to a benefit to not notify authorities of an offense) AND Hindering Apprehension of Another (as sam has aided the criminal by staying shut)

18
Q

Only the _______ can charge official misconduct.

A

Prosecutor’s Office

19
Q

Official Misconduct Ramifications are:

A

Mandatory pension forfeiture, unable to get a job under the State, mandatory prison term of 5 years, forfeiture of public position

20
Q

Sam constantly insults and threatens Joe over email. What can he be charged with?

A

Cyber harassment

21
Q

Perjury is defined by what 4 things?

A

1) Statement must be material 2) Must be under oath 3) Person must know statement to be false 4)There’s an official proceeding

22
Q

False Swearing is defined by what 2 things?

A

1) Must be under oath 2) Person must know it to be false

23
Q

Sam gives his testimony and genuinely believes it to be true, which helps the defendant become acquitted. Later, it’s proven that Sam’s testimony was incorrect, so he can be charged with false swearing or perjury?

A

None. He genuinely thought it to be true so there’s no crime.

24
Q

The correctional officer who knowingly or recklessly allows a prisoner to abscond from prison can be charged with?

A

Facilitating an escape

25
Q

If Sam is within 200 feet of a library and 400 feet of a school and he’s selling illegal drugs, he can be charged with?

A

1) Criminal sale of CDS near school 2) manufacturing, distributing, or dispensing 3) Distributon of CDS within 500 feet of public property 4) Possession

26
Q

What is a prescription legend drug?

A

A drug that is not a CDS, but can only be obtained by a physician’s prescription, such as prescribed eye drops

27
Q

Sam wants to take a substance just to clean out his system because he smoked weed the other day. What’s the charge?

A

There is none. He just wants to clean his system.

28
Q

Sam wants to take a substance to clean out his system and pass a drug test because he smoked weed yesterday. What’s the charge?

A

Defrauding the administration of a drug test.

29
Q

Sam called his school to report a bomb because he didn’t want to take his math test. What’s the charge?

A

False Public Alarm

30
Q

Sam is hosting a poker game and since he’s hosting, he’s automatically getting some of the winnings. Can he be charged with anything?

A

Promoting Gambling

31
Q

What is gambling?

A

Staking or risking something of value upon the outcome of a contest of chance or a future event not under the actor’s control or influence

32
Q

Gambling offenses are prosecuted by?

A

The Superior Court

33
Q

To get a handgun, one needs?

A

to be 21 or over….a permit to purchase…must be for a particular acquisition and show life threatening activities

34
Q

To get a rifle or shotgun, one needs?

A

to be 18 or over….firearms purchase i.d. card…and can be used for any number of acquisitions

35
Q

Sam gets approached by an officer without reason…Sam does not have to answer, but if he does, he can’t…

A

lie

36
Q

Sam hides his best friend Joe from the cops because Joe is wanted for burglary…Sam can be charged with?

A

Hindering apprehension

37
Q

Sam is a cop and he’s off duty. He picks up his daughter at school and enters it with his weapon. Because he’s a cop he can do this.

A

False, he needs written permission from the school’s governing officer to do this.

38
Q

Joe is a corrections officer and he beats an inmate. Sam is also a CO and witnesses this, but he doesn’t help beat the inmate. He also doesn’t report it. Because Sam wasn’t actually involved in the beating, he is not responsible for anything.

A

False. He can be charged with official misconduct for having failed to report it.

39
Q

For disorderly conduct there must be a…

A

public element

40
Q

Can an officer be charged with possession of a defaced firearm?

A

Yes.