Unit 8

Question 1

______ 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).

Answer 1

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.
2. Perjury
3. Tampering
4. Suppressing or refusing to produce evidence relevant to a grand jury investigation. 402

Question 2

The intent elements of an obstruction of justice offense is referred to as the _______, which is:

Answer 2

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

Question 3

_______ is an extension of the crime of bribery to include people other than public officials whose functions are considered important to the public.

Answer 3

quasi-bribery 404

Question 4

_________ 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.

Answer 4

commercial bribery 405

Question 5

_____ 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):

Answer 5

perjury

1. made without sincere belief in its truth
2. made in a judicial proceeding regarding a material matter. 406

Question 6

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.

Answer 6

two, one witness 406

Question 7

______ is the giving of a false oath during a proceeding or matter in which an oath is required by law.

Answer 7

false swearing 406

Question 8

an essential element of perjury is the belief __________. The statement must be _______.

Answer 8

in the accused’s mind that the statement is false; Material.

407

Question 9

______ is the crime of procuring another person to make a false oath. The 3 elements are:

Answer 9

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

Question 10

The intent element of an obstruction of justice offense is referred to as the ___________.

Answer 10

nexus requirement. 402

Question 11

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.

Answer 11

Sherman Act 405

Question 12

_______ 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.

Answer 12

Witness tampering 409

Question 13

______ 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.

Answer 13

suppressing evidence 410

Question 14

If Anna forced Anita to make a false oath in a judicial proceeding, Anna would be guilty of the crime of ____________.

Answer 14

subornation of perjury 407

Question 15

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

Answer 15

choices A & C 408

Question 16

The elements of the crime of suppressing evidence (3)

Answer 16

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

Question 17

_________ is an offense that occurs when someone refuses to report or prosecute in exchange for a benefit or reward of some value.

Answer 17

Compounding a felony 413

Question 18

__________ refers to the act of failing to report or prosecute a known felony and taking positive steps to conceal the crime.

Answer 18

Misprision of a felony 414

Question 19

_______ 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:

Answer 19

Contempt of court

1. direct contempt
2. constructive or indirect contempt
3. criminal contempt
4. civil contempt 416

Question 20

________ 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.

Answer 20

Direct contempt 416

Question 21

_________ results from matters outside the court. An example would be a failure to comply with a judicial order.

Answer 21

constructive or indirect contempt 416

Question 22

_______ is an act of disrespect toward the court or its procedure, other than direct contempt, that obstructs the administration of justice.

Answer 22

criminal contempt 417

Question 23

_________ consists of the failure to do something ordered by the court for the benefit of another party to the proceedings.

Answer 23

civil contempt 417

Question 24

An extension of the crime of bribery to include people other than public officials whose functions are considered important to the public is termed ________.

Answer 24

quasi-bribery 418

Question 25

________ 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.

Answer 25

organized crime 424

Question 26

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.

Answer 26

protectors 427

Question 27

A ____ is when a member of a crime organization uses the threat of violence to get someone to do something for the group.

Answer 27

shakedown 427

Question 28

_______ 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.

Answer 28

racketeering 427

Question 29

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.

Answer 29

Harrison Narcotics Act, increase 425

Question 30

In 1919, the goal of the temperance movement was achieved with the passage of the _________ and the __________.

Answer 30

18th Amendment, Volstead Act 425

Question 31

In an organized crime organization, ______ and _____ are usually responsible for overseeing the day-to-day operations of the organization.

Answer 31

captains and soldiers 426

Question 32

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 ________.

Answer 32

crews 426

Question 33

The crime of ______, also known as _______, is the practice of lending money at excessive rates and using threats or extortion to enforce repayment.

Answer 33

loan sharking, criminal usury 429

Question 34

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.

Answer 34

bookmaking, bookie 429

Question 35

The money received through illegal activities such as drug sales and gambling is known as ______.

Answer 35

dirty money 430

Question 36

In 1986, the President's Commission on Organized Crime expanded the definition of organized crime to include.............

Answer 36

outside organizations that protect or render services to the criminal group itself. 431

Question 37

5 elements of RICO violations are:

Answer 37

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

Question 38

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.

Answer 38

Bank Fraud Act, Bank Secrecy Act 436

Question 39

Iowa street gang definition (3 elements)

Answer 39

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

Question 40

The ______, passed in 1986, holds people criminally liable for knowingly participating in money laundering schemes.

Answer 40

Anti-Drug Abuse Act 435

Question 41

________ is a member of a Latino street gang.

Answer 41

Cholo/Chola 439

Question 42

The main difference between terrorist crime and other types of crime is that the motive behind terrorism is ______, as opposed to economic.

Answer 42

political 446

Question 43

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."

Answer 43

International terrorism 449

Question 44

Latino gangs are located primarily in the Mexican American slums of southern California specifically known as ________

Answer 44

barrios 439

Question 45

The _______ was formed in 1967, in California's San Quentin State Prison.

Answer 45

Aryan Brotherhood 442

Question 46

The ____________ is a permanent tribunal specifically established to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.

Answer 46

International Criminal Court 449