Test 4 - Offenses Against Public Admin, Public Order/Health, Bribery, Perjury, Obstruction, Official Misconduct, Riot, Gambling, Terrorism, Weapons Flashcards
Quid Pro Quo - or If you do this for me, I’ll do that for you…is known as
Bribery In Official Political Matters
Statute of Limitations for most crimes is 5 years, but for bribery it’s?
7 years
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?
Bribery…..Official Misconduct
If Sam fires Joe because Joe’s brother arrested Sam’s brother….Sam can be charged with?
Retaliation for Past Official Action
In Retaliation for Past Official Action, the retaliation has to be criminal
False
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?
Threats and other Improper Influence
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.
No, this is considered Acceptance or Receipt of Unlawful Benefit by Public Servant for Official Behavior
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?
Yes, the Dunkin Donuts employee can be charged with “Offer of Unlawful Benefit to Public Servant for Official Behavior”
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?
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.
What are the 4 requirements of Perjury?
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
What’s the difference between perjury and false swearing?
In false swearing, it only has to be under oath and the person has to know it’s false
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?
None. He genuinely believed it to be true.
This is a crime against the system, not a particular officer.
Resisting
It takes 5 officers to get Sam arrested. How many counts of Resisting Arrest?
1, it’s a crime against the system.
Sam is walking down the street and cops notice drugs on him so Sam tries to run away. He should be charged with eluding.
No, eluding involves a motor vehicle.
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?
Hindering Apprehension of Another…Hindering One’s Own Apprehension
A criminal is on the run and offers sam $5 to stay shut. What can sam be charged with if he accepts the money?
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)
Only the _______ can charge official misconduct.
Prosecutor’s Office
Official Misconduct Ramifications are:
Mandatory pension forfeiture, unable to get a job under the State, mandatory prison term of 5 years, forfeiture of public position
Sam constantly insults and threatens Joe over email. What can he be charged with?
Cyber harassment
Perjury is defined by what 4 things?
1) Statement must be material 2) Must be under oath 3) Person must know statement to be false 4)There’s an official proceeding
False Swearing is defined by what 2 things?
1) Must be under oath 2) Person must know it to be false
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?
None. He genuinely thought it to be true so there’s no crime.
The correctional officer who knowingly or recklessly allows a prisoner to abscond from prison can be charged with?
Facilitating an escape