Federal Criminal Law

Question 0

What is needed to obtain conviction at trial

Answer 0

Each element of the offense must be proven beyond a reasonable doubt

Question 1

EPO # 1 What are the elements of a criminal statute?

Answer 1

• must contain the elements of a crime
• Prohibited act or failure to act & criminal intent
• must also have the penalty or punishment of the crime

Question 2

What do most crimes consist of

Answer 2

Both a prohibited act and a criminal intent. An individual must both intend to commit a prohibited act and then act in furtherance of that.

Question 3

Two Kinds of Intent

Answer 3

• General: Only requires prohibited act(i.e. No mental state or intent required); all u need is to prove the act was willful, intentional or deliberate(e.g. Punch in the face).
• Specific: Requires proof of mental state; requires proof the perp desired the consequence.

Question 4

Common intent terms

Answer 4

Intentionally, willfully, maliciously, purposefully, with intent to, thorough decision, with malice aforethought and premeditation.

Intent is a state of mind, it can be difficult to prove. The suspects admission, confession, and statements to others are the best and most compelling ways to prove intent.

Question 5

What is a crime

Answer 5

A crime is an act or failure to act, prohibited by law and punishable by the government.

Question 6

EPO # 2 Distinguish the difference between a felony and misdemeanor:

Answer 6

• a felony is punishable of more then 1 year in prison

And

-misdemeanors are punishable by less then 1 year or less

Question 7

Felony

Answer 7

Maximum term exceed 1year

Question 8

Misdemeanor

Answer 8

Maximum term of offense is 1year or less

Question 9

What is an infraction

Answer 9

Type of misdemeanor where term of imprisonment is no more than 5 days

Question 10

Jurisdiction

Answer 10

The power of the government to act when a criminal offense has been committed.

Question 11

What are the three types of jurisdiction?

Answer 11

• exclusive
• concurrent
• proprietary

Question 12

What is exclusive jurisdiction?

Answer 12

Means that ONLY the US government has criminal justice authority over the area.

Question 13

What is concurrent jurisdiction

Answer 13

Means both the US government and the state gov’t have criminal jurisdiction

Question 14

What is proprietary jurisdiction?

Answer 14

Means the US gov’t has no more authority over the area than any other owner of private property. Provides no special authority or power to the federal government.

Question 15

How is the Assimilative Crime Act applied?

Answer 15

• allows the US to assimilate state law for fed prosecution. When no federal law the gov can adapt a state charge. Done in FEDERAL COURT
• can only be used in concurrent and exclusive jurisdictions
• must be no federal laws to charge
• must be a state law to charge
• if there is a federal charge, we must charge using it

Question 16

EPO # 4 What are the elements of Assault , title 18 USC § 111

Answer 16

• Assaulting, resisting, threatening or impeding (FORCIBLY)
  -officer must be engaged in performance of official duties
  or on an account for something that an agent did while working as a federal officer (retirement)

-the assailant does not have to know who you are as an agent if assaulted while performing official duties this would qualify

Question 17

Title 18 U.S.C. § 111

Answer 17

Makes it a crime to forcibly assault, resist, oppose, impede, intimidate, or interfere with any person designated in 18 U.S.C. 1114, while engaged in official duties or on account of something that person did while performing official duties.

Question 18

Who’s covered?

Answer 18

Every federal (former) employee and every person who assists a federal employee in the performance of his official duties is afforded protection under § 111.

Question 19

What’s needed to prove a Title 18 § 201 (Bribery) violation?

Answer 19

The government must establish a connection between the “thing of value” and an official act to be performed by the public official.

Question 20

EPO # 5 Bribery

Answer 20

Title 18 U.S.C. 201 entitled bribery of public officials and witnesses was enacted to protect government officials and witnesses from corrupting influences while they are performing their official duties.

Question 21

Identify the elements of title 18 USC § 201

Answer 21

• a corrupt offer or acceptance of something if value made by or to a public official
• intent/promise to influence official act(s)
• nothing has to specifically exchange hands for the offense to be affirmative

Question 22

What’s needed to charge a defendant with bribery under 201?

Answer 22

The government must prove that a “thing of value” was given, offered, promised,demanded, sought or accepted. A “thing of value” is broadly constructed with the focus being on the subjective value the defendant places on the item.

Question 23

Bribery (Public Official or Witness)

Answer 23

It’s a crime to: give, promise, offer a public official or witness anything of value with the intent to influence any official act & Conversely (demand, seek, receive, or accept or agree to accept)