US Crimes

Question 1

AMB 5000 CH6

Define what a “Principal” is?

Answer 1

18 USC 2

A person who commits an offense or aids, abets, counsels, commands, induces or procures its commission, or willfully cause an act to be done which if directly performed by him or another would be an offense against the U.S.

*Example: Ralph tells Norton that he would like to teach a lesson to an Air & Marine Interdiction Agent, who had earlier arrested him (Ralph), but he does not have access to a gun. Norton gives Ralph a pistol, which Ralph later uses to shoot at the agent.

Norton is now a Principal to the crime, and could be charged with assaulting the agent.

Question 2

AMB 5000 CH6

Accessory After the Fact

Answer 2

18 USC 3

A person knowing that an offense has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trail or punishment, is an accessory after the fact.

Question 3

AMB 5000 CH6

Conspiracy

Answer 3

18 USC 371

Two or more persons conspire either to commit any offense, or to defraud the U.S., or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to affect the object of the conspiracy.

Question 4

AMB 5000 CH6

Define what “Elements” of a crime are?

Answer 4

They are the FACTS of the crime, that the Jury must find in order to convict someone of a crime.

Question 5

AMB 5000 CH6

Explain what “Burden” is.

Answer 5

is the obligation resting on a party in a trial to produce the evidence that will prove the case to their position.

Question 6

AMB 5000 CH6

Conditional Permits to Land Temporarily

Answer 6

8 USC 1282(c) & INA 252
Misdemeanor

Any alien crewman who willfully remains in the U.S. in excess of the number days allowed in the permit.

Question 7

AMB 5000 CH6

Bringing In Aliens (not at a port of entry)

Answer 7

8 USC 1324(a)(1)(A)(i) & INA 274(a)(1)(A)(i)
Felony

Elements:
1.) That the person(s) brought in was an alien

2. ) That the defendant actually knew the person(s) was an alien
3. ) The defendant brought or attempted to bring in the alien, in any manner whatsoever, to the U.S. at a place other than a POE.
4. ) The defendant acted willfully

Question 8

AMB 5000 CH6

Unlawfully Transporting Aliens

Answer 8

8 USC 1324(a)(1)(A)(ii) & INA 274(a)(1)(A)(ii)
Felony

Elements:
1.) Alien entered or remained in the U.S. unlawfully

2. ) The defendant knew, or recklessly disregarded that fact, that the alien was not lawfully in the U.S.
3. ) The defendant transported or moved, or attempted to transport or move the alien
4. ) The defendant intended to help the alien remain in the U.S. illegally.
   * The Government must establish that the defendant transported the alien in furtherance of his or her unlawful presence.