Criminal Law for the Criminal Justice Professional Norman M. Garland Third Edition Copyright © 2012 The McGraw-Hill Companies, Inc. All Rights Reserved. C H A P T E R 15 McGraw-Hill/Irwin

Slide Obstruction of Justice 15.2Bribery 15.3Perjury 15.4Obstruction of Justice 15.5Resisting Arrest 15.6Compounding and Misprision of a Felony 15.7Escape 15.8Contempt of Court C H A P T E R 15 Crimes against the Administration of Justice

Slide 15-3 CHAPTER OBJECTIVES 1. Recognize the difference between the offenses of bribery and commercial bribery. 2. Define the elements of perjury. 3. Define the offense of obstruction of justice and recognize the scope of crimes it covers. 4. Describe the crime of resisting arrest.

Slide 15-4 CHAPTER OBJECTIVES 5. Recognize the offense of compounding a felony, and explain why it is different from the offense of misprision of a felony. 6. Define the elements of the crime of escape. 7. Recognize when constructive contempt takes place and how it differs from direct contempt. 8. Differentiate between the offenses and penalties for civil contempt and criminal contempt. continued

Slide Obstruction of Justice Crimes include: – Bribery and extortion – Perjury, false testimony, and interfering with a law enforcement officer – Tampering with the jury process – Suppressing or refusing to produce evidence relevant to a grand jury investigation obstruction of justice The act by which one or more persons attempt to or actually prevent the execution of a lawful process.

Slide 15-6 Application Case – 15.1Florida v. Saad

Slide Bribery Common Law Bribery – For 700 years in England and later in U.S., extortion most common public offense Recently, bribery prosecutions became more prevalent

Slide 15-8 Modern Bribery Modern concept of bribery focuses on exploitation of public power for personal gain An extension of the crime of bribery to include people other than public officials whose functions are considered important to the public. quasi-bribery

Slide 15-9 Modern Bribery (MPC) forbids: – Law enforcement and public officials to receive gifts from individuals subject to their jurisdiction – Public servant who has the authority and discretion over contracts or transactions to accept or solicit gifts from any person “known to be interested or likely to become interested” in such contract or transaction

Slide Commercial Bribery Distinction in the business community between legal favors and bribery It becomes bribery when there is a quid pro quo payoff commercial bribery The giving, receiving, or soliciting of anything of value to influence an employee or professional in the performance of his or her duties.

Slide Perjury Making false statements under oath or affirmation. perjuryfalse swearing The giving of a false oath during a proceeding or matter in which an oath is required by law. subornation of perjury The crime of procuring another person to make a false oath.

Slide Application Case – 15.2People v. Sharpe

Slide Obstruction of Justice Act considered to obstruct justice must have some relationship to the act of justice defendant is seeking to avoid Under MPC, obstruction of justice does not apply to those resisting arrest or fleeing from crime

Slide Witness Tampering Requires intimidation, force, threats, misleading conduct, or corrupt persuasion with intent to influence, delay, or prevent testimony or cause person to withhold a record, object, or document witness tampering Illegal conduct with the intent to influence witness testimony, such as by approaching a potential witness with threats or other means to prevent the witness from testifying.

Slide Suppressing Evidence To be convicted: – Have knowledge of pending grand jury investigation – Know documents are covered by a subpoena – Willfully conceal or endeavor to conceal documents them from grand jury suppressing evidence A crime that occurs when a defendant, or a person working on behalf of the defendant, suppresses (hides), destroys, or refuses to produce evidence relevant to a grand jury investigation.

Slide Application Case – 15.3United States v. Baldyga

Slide Resisting Arrest If person believes arrest is unlawful, can s/he resist an unlawful arrest? – Some laws forbid resisting arrest in any circumstances People v. Volition resisting arrest Physical efforts to oppose a lawful arrest.

Slide Application Case – 15.4United States v. John Bad Elk

Slide Compounding and Misprision of a Felony misprision of a felony The act of failing to report or prosecute a known felony and taking positive steps to conceal the crime. compounding a felony An offense that occurs when someone refuses to report or prosecute a felony in exchange for a benefit or reward of some value.

Slide Escape Important exception to crime of escape – Cases have interpreted escape statutes to exclude inmates who escape custody as a result of reasonable fears for their safety A crime that occurs when a person who is lawfully detained or imprisoned leaves custody before he or she is entitled to freedom by due process of law. escape

Slide Contempt of Court contempt of court Any affirmative act or omission that obstructs justice or attempts to negate the dignity and authority of the court. direct contempt A criminal form of contempt of court that occurs in the presence of the court when a person resists the court’s authority. constructive contempt Contempt of court that results from matters outside the court, such as failure to comply with court orders.

Slide Application Case – 15.5People v. Trujillo

Slide Contempt of Court criminal contempt An act of disrespect toward the court or its procedures, other than direct contempt, that obstructs the administration of justice. civil contempt The failure to do something ordered by the court for the benefit of another party to the proceedings.