Presentation on theme: "Chapter 13 Crimes Against the State Joel Samaha, 9th Ed."— Presentation transcript:
1Chapter 13 Crimes Against the State Joel Samaha, 9th Ed. Criminal LawChapter 13Crimes Against the StateJoel Samaha, 9th Ed.
2Treason Treason is the only crime defined in the U.S. Constitution. (Article III, Section 3)Treason against the United States, shall consist only in levying War against them, or, in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act,or on Confession in open Court.Penalty: death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000, and shall be incapable of holding any public office under the United States.
3Elements of Treason a. Treason requires levying war against the U.S. Actus reusa. Treason requires levying war against the U.S.b. Treason also requires giving aid and comfort to enemies of the U.S.Mens Reaa. Defendants must have had the intent to give aid and comfort.b. The intent must have been for the very purpose of betraying the U.S. by means of that aid and comfort.Proofa. Two witnesses to the actus reus are required.b. Confession in open court is also proof.
4Sedition Sedition includes advocating the violent overthrow of the U.S. government by either speech,writing (libel), or conspiracy.(U.S. Code, Title 18, Part I, Chapter 115)
5Sabotage Sabotage is damaging and/or destroying property related to war and defense material,buildings, and utilities(which includes transportation and harbors).Sabotage also includes producing defective propertyrelated to war and defense.
6Elements of Sabotage Actus reus Mens Rea a. Includes: destroy, damage, obstruct, interfere, contaminate, and/or produce defective war or national defense materials.Mens Reaa. The defendant has to purposely obstruct (or commit any other acts in actus reus).b. The defendant has to knowingly obstruct (or commit any other acts in actus reus).c. The defendant has to negligently obstruct (or commit any other acts in actus reus).Circumstancea. The sabotage has to take place when the U. S. is at war.b. Sabotage can also take place during a national emergency.
7Espionage Espionage is secret intelligence gathering by spies about foreign people, activities, and enterprisesfor political and military uses.
8U.S. Code espionage elements (any time) Elements of EspionageU.S. Code espionage elements (any time)Actus reusa. Includes: communicate, deliver, transmit, or attempt to communicate, deliver, or transmit intelligence information harmful to the U.S.Mens Reaa. The defendant has to injure purposely.b. The defendant has to have reason to believe use of the intelligence will cause injury.Circumstancesa. Intelligence was provided to a foreign government.b. Intelligence was provided to a foreign faction or party.c. Intelligence was provided to a foreign military or naval force.d. Intelligence was provided to a foreign representative, officer, agent, employee, subject, or citizen.
9U.S. Code espionage elements (during war). Elements of EspionageU.S. Code espionage elements (during war).Actus reusa. Collect any intelligence useful to the enemy, publish it, communicate it, or attempt to do so.Mens reaa. The intent to communicate information to the enemy.Circumstancea. It occurs during time of war.
10Antiterrorism Crimes Treason, sedition, sabotage, espionage, murder, attempted murder, and conspiracy to murdercan all be used to prosecute crimesrelated to terrorists and terrorist organizations.Specific antiterrorism crimes are prosecuted underU.S. Code Chapter 113 B, “Terrorism;”the Anti-Terrorism and Effective Death Penalty Act (1996); and the U.S.A. Patriot Act (2001).
11Specific Antiterrorism Crimes* Use of certain weapons of mass destruction.Acts of terrorism transcending national boundaries.Harboring or concealing terrorists.Providing material support to terrorists.Providing material support or resources to designated foreign terrorist organizations.* The code divides terrorism into two kinds: international terrorism (outside the U.S.) and domestic terrorism – acts intended to intimidate or coerce a civilian population, acts that intimidate or coerce public policy making, or acts that affect the government by mass destruction, assassination, or kidnapping.
12Use of Weapons of Mass Destruction A weapon of mass destruction is:a. “any destructive device” – explosive, incendiary, poison gas, bomb, grenade, rocket, missile, mine, or similar device.b. any weapond intended to cause death or serious bodily injury by poisonous chemicals or precursorc. any weapon involving a disease mechanismd. any weapon designed to release radiation or radioactivity at levels dangerous to human lifeActus reus: Use, threaten to use, or attempt or conspire to use.Mens rea: Without lawful authority – voluntary.Circumstance: Either use against a U.S. “national” outside the U.S.; use against any “person” inside the U.S.; use against any U.S. government property inside or outside the U.S.; or, use against any foreign government’s property inside the U.S.
13Acts of Terrorism Transcending National Boundaries It is a felony for anyone whose conducttranscends national boundaries –acts that take place partly outside and partly inside the U.S.(U.S. Code, Section 2332b)Actus reusa. committing violent crimes against any person inside the U.S., e.g., kill, kidnap, maim, assault, assault with a deadly weapon.b. create a substantial risk of serious bodily injury by destroying or damaging property within the U.S.c. threatening or attempting or conspiring to commit (a) or (b).
14Harboring or Concealing Terrorists Actus reusa. harboring or concealing persons who have committed or are about to commit a list of terrorist-related crimes (the list of terrorist-related crimes is basically all of the crimes already mentioned – treason, sedition, sabotage, espionage, using weapons of mass destruction, etc.).Mens reaa. knowing (or a reasonable person should have known) the crimes listed under the actus reus were going to be committed.
15the most commonly prosecuted crime Providing “Material Support” to Terrorists and/or Terrorist Organizations*Since September 11, 2001,the most commonly prosecuted crimeagainst the state.Actus reusa. provide material support or resources to individual terrorists or terrorists organizationsb. conceal or disguise the nature, location, source, or ownership of material support or resourcesMens reaa. intending or knowing that support or resources are to be used in preparing or committing a list of crimes helpful to terrorist or terrorist organizations.* Material support includes: currency or financial instruments, financial services, lodging, training, expert advice, safe houses, communications equipment, personnel, transportation, weapons or explosives, etc.
16What are the facts and opinion in Humanitarian Law Project, v. Gonzales (2005)Does the ‘void-for-vagueness doctrine’ apply to this case?If so, in what way?