Flashcards in Unit 8 Deck (46):
______ is the act by which one or more persons attempt to or actually prevent the execution of a lawful process. Crimes under this modern definition include (4).
Obstruction of justice.
1. Bribery or extortion; extortion is threatening to accuse someone of or file charges against them for a crime if they do not pay you.
4. Suppressing or refusing to produce evidence relevant to a grand jury investigation. 402
The intent elements of an obstruction of justice offense is referred to as the _______, which is:
nexus requirement; means that a defendant's obstruction of justice must have a relationship with the legal proceedings against him or her in order to show intent. 402
_______ is an extension of the crime of bribery to include people other than public officials whose functions are considered important to the public.
_________ entails the giving, receiving, or soliciting or anything of value to influence an employee or professional in the performance of his or her duties. The purpose is usually to influence the employee to breach his or her duty to the employer in order to give some undeserved or inappropriate benefit or information to the briber.
commercial bribery 405
_____ is the criminal offense of making false statements under oath or affirmation. Under common law, this was considered a willfully corrupt sworn statement that was (2 elements):
1. made without sincere belief in its truth
2. made in a judicial proceeding regarding a material matter. 406
Common law perjury had to be proven by the testimony of ___ witnesses. This rule has largely been abandoned under modern law; most courts now require only _____ plus independent corroboration through other documents or forms of evidence.
two, one witness 406
______ is the giving of a false oath during a proceeding or matter in which an oath is required by law.
false swearing 406
an essential element of perjury is the belief __________. The statement must be _______.
in the accused's mind that the statement is false; Material.
______ is the crime of procuring another person to make a false oath. The 3 elements are:
Subornation of perjury
1. perjury in fact
2. the perjured statements were procured by the accused.
3. proof that the suborner, the person who procures the perjury, knew or should have known that such oaths or testimony would be false. 407
The intent element of an obstruction of justice offense is referred to as the ___________.
nexus requirement. 402
Courts today examine acts of commercial bribery under the _______ to determine whether commercial bribery may be combination, a conspiracy, or another illegal action in restraint of trade.
Sherman Act 405
_______ is 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.
Witness tampering 409
______ is a crime that occurs when a defendant, or a person working on behalf of the defendant, hides, destroys, or refuses to produce evidence relevant to a grand jury investigation.
suppressing evidence 410
If Anna forced Anita to make a false oath in a judicial proceeding, Anna would be guilty of the crime of ____________.
subornation of perjury 407
Identify the types of obstruction of justice:
a. impeding the administration of justice
b. resisting arrest
c. attempting to influence a juror
d. fleeing from a crime to avoid being arrested
choices A & C 408
The elements of the crime of suppressing evidence (3)
1. have knowledge of the pending grand jury investigation.
2. willfully conceal documents from a grand jury.
3. know that particular documents are covered by a subpoena. 410
_________ is an offense that occurs when someone refuses to report or prosecute in exchange for a benefit or reward of some value.
Compounding a felony 413
__________ refers to the act of failing to report or prosecute a known felony and taking positive steps to conceal the crime.
Misprision of a felony 414
_______ is any affirmative act or omission that obstructs justice or attempts to negate the dignity and authority of the court. This crime is broke into 4 categories:
Contempt of court
1. direct contempt
2. constructive or indirect contempt
3. criminal contempt
4. civil contempt 416
________ occurs in the presence of the court when a person resists the court's authority. One example would be the use of profane language toward an officer of the court.
Direct contempt 416
_________ results from matters outside the court. An example would be a failure to comply with a judicial order.
constructive or indirect contempt 416
_______ is an act of disrespect toward the court or its procedure, other than direct contempt, that obstructs the administration of justice.
criminal contempt 417
_________ consists of the failure to do something ordered by the court for the benefit of another party to the proceedings.
civil contempt 417
An extension of the crime of bribery to include people other than public officials whose functions are considered important to the public is termed ________.
________ consists of individuals who associate together for the purpose of engaging in criminal activity for a sustained period of time, with an emphasis on the life of the organization.
organized crime 424
There are also people involved with the organization who maintain legitimate jobs outside of the group but help the organization pursue its goals. These people, sometimes referred to as _______, consist of law enforcement, lawyers, bankers, and accountants who use their skills to protect the organization from government interference or criminal prosecution.
A ____ is when a member of a crime organization uses the threat of violence to get someone to do something for the group.
_______ is a system of organized crime traditionally involving the extortion of money from businesses by intimidation, violence, or other illegal methods; the practice of engaging in a fraudulent scheme or enterprise.
In 1914, Congress enacted the _______, which limited the lawful trade of specified narcotics such as morphines to physicians and druggists. These prohibitions resulted in the _______ of crime organizations.
Harrison Narcotics Act, increase 425
In 1919, the goal of the temperance movement was achieved with the passage of the _________ and the __________.
18th Amendment, Volstead Act 425
In an organized crime organization, ______ and _____ are usually responsible for overseeing the day-to-day operations of the organization.
captains and soldiers 426
The men & women in an organized crime organization who work out on the street carrying out the actual operations of the group are known as ________.
The crime of ______, also known as _______, is the practice of lending money at excessive rates and using threats or extortion to enforce repayment.
loan sharking, criminal usury 429
The crime of _______ is a form of illegal gambling in which customers use _____ to place bets on horse or dog races, professional sporting competitions, and other events. These individuals charge or accept a percentage, fee, or "vig" on the wager.
bookmaking, bookie 429
The money received through illegal activities such as drug sales and gambling is known as ______.
dirty money 430
In 1986, the President's Commission on Organized Crime expanded the definition of organized crime to include.............
outside organizations that protect or render services to the criminal group itself. 431
5 elements of RICO violations are:
1. Unlawful activity involving an enterprise
2. Two or more qualifying acts of racketeering activity
3. A showing of a pattern of such activity
4. An effect upon interstate commerce
5. The commission of the prohibited acts 432
The ________ and the __________ require mandatory reporting provisions for financial institutions with regard to large sums of money. This legislation allows the government to monitor money laundering operations and to ensure that the money passing through these institutions is made legitimately.
Bank Fraud Act, Bank Secrecy Act 436
Iowa street gang definition (3 elements)
1. whose primary activity is the commission of 1 or more criminal acts.
2. which has an identifiable name or identifying sign or symbol.
3. whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. 437
The ______, passed in 1986, holds people criminally liable for knowingly participating in money laundering schemes.
Anti-Drug Abuse Act 435
________ is a member of a Latino street gang.
The main difference between terrorist crime and other types of crime is that the motive behind terrorism is ______, as opposed to economic.
Federal law defines _________ as acts of violence that "appear to be intended to intimidate or coerce" people, a government policy or conduct, and that "occur primarily outside the territorial jurisdiction of the US, or transcend national boundaries."
International terrorism 449
Latino gangs are located primarily in the Mexican American slums of southern California specifically known as ________
The _______ was formed in 1967, in California's San Quentin State Prison.
Aryan Brotherhood 442