Chapter 13: Offenses Against Public Administration and the Administration of Justice

Test Bank

Multiple Choice

1. John failed to report a felony but did not take an affirmative step to help the offender. Which of the following common law crimes did John commit?

A. obstruction of justice

B. justice tampering

C. subornation of perjury

D. misprision of a felony

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension

Answer Location: Compounding a Crime

Difficulty Level: Easy

2. An individual who is held in contempt of court is referred to as the ______.

A. contemnee

B. defendant

C. contemnor

D. litigant

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Knowledge

Answer Location: Contempt

Difficulty Level: Easy

3. The rule that provides that a conviction for perjury is required to be based on the testimony of two witnesses or of one witness and supporting (corroborating) evidence such as a confession or a document is known as ______.

A. one-plus-one witness rule

B. consistent statement rule

C. antiperjury rule

D. two-witness rule

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Knowledge

Answer Location: Perjury

Difficulty Level: Easy

4. Procuring another person to testify falsely under oath is punishable as which of the following crimes?

A. obstruction of justice

B. perjury

C. subornation of perjury

D. unlawful solicitation

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Knowledge

Answer Location: Subornation of Perjury

Difficulty Level: Easy

5. Unknowingly receiving or offering to another any consideration for a promise not to prosecute or aid in the prosecution of an offender is known as ______.

A. compounding a crime

B. misprision of a felony

C. obstruction of justice

D. solicitation of a felony

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge

Answer Location: Compounding a Crime

Difficulty Level: Easy

6. The common law custom of ______ requires all men to assist in the apprehension of offenders.

A. bystander principle

B. hue and cry

C. offender pursuit

D. duty to assist

Learning Objective: 13-5: An individual who is not a defendant in a criminal case has no legal obligation to cooperate with the prosecution and for that reason cannot be held criminally liable for obstruction of justice or for tampering with evidence.

Cognitive Domain: Knowledge

Answer Location: The Citizen’s Duty to Assist Law Enforcement

Difficulty Level: Easy

7. An unlawful payment made to reward a public official for action taken or that will be taken in the future is punishable as ______.

A. obtaining an unfair advantage

B. offering a bribe to a public official

C. receiving an unlawful gratuity

D. official malfeasance

Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Knowledge

Answer Location: Bribery

Difficulty Level: Easy

8. Which of the following is a defense to perjury when in the same continuous proceeding an individual states that an earlier statement was false?

A. falsification

B. affirmation

C. abandonment

D. recantation

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension

Answer Location: Perjury

Difficulty Level: Easy

9. Which of the following crimes involves negligently or recklessly allowing an individual to escape from confinement?

A. prison break

B. reckless escape

C. negligent escape

D. purposeful escape

Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Comprehension

Answer Location: Escape

Difficulty Level: Easy

10. Which common law crime punished the unlawful collection of money by a government official but was expanded to include private individuals?

A. extortion

B. contempt

C. blackmail

D. solicitation

Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension

Answer Location: Extortion

Difficulty Level: Easy

11. Common law judges developed several crimes to ensure that the political and legal systems were free of corruption and ______.

A. extortion

B. contempt

C. fraud

D. solicitation

Learning Objective: 13-1: A conviction for bribery of a public official requires that an individual offer a public official money or an item of value in return for an official act and that the public official accept the offer and commit the official act.

Cognitive Domain: Comprehension

Answer Location: Introduction

Difficulty Level: Easy

12. ______ is a wrongful act such as a police officer’s abuse of a defendant to extract a confession, or a police officer’s destruction of evidence.

A. Nonfeasance

B. Misfeasance

C. Malfeasance

D. Color of office

Learning Objective: 13-1: A conviction for bribery of a public official requires that an individual offer a public official money or an item of value in return for an official act and that the public official accept the offer and commit the official act.

Cognitive Domain: Comprehension

Answer Location: Introduction

Difficulty Level: Easy

13. ______ is the failure to fulfill a duty to act.

A. Nonfeasance

B. Misfeasance

C. Malfeasance

D. Color of office

Learning Objective: 13-1: A conviction for bribery of a public official requires that an individual offer a public official money or an item of value in return for an official act and that the public official accept the offer and commit the official act.

Cognitive Domain: Comprehension

Answer Location: Introduction

Difficulty Level: Easy

14. Which of the following states is not a state that is considered the least corrupt?

A. Washington

B. Oregon

C. California

D. New Hampshire

Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension

Answer Location: Bribery

Difficulty Level: Easy

15. Which of the following is not required for the offense of offering a bribe to a public official?

A. The public official occupied an official position or possessed official duties.

B. The accused wrongfully promised, offered, or gave money or an item of value to a public official.

C. The money or item of value was promised, offered, or given with the intent to influence an official decision or action of the individual.

D. The accused asked, accepted, or received money or an item of value with the intent to have his or her decision or action influenced with respect to this matter.

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Bribery

Difficulty Level: Medium

16. What kind of intent does a public official has to have in order for the crime of bribery is complete at the moment the bribe is offered?

A. malicious

B. corrupt

C. reckless

D. inconsistent

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Bribery

Difficulty Level: Medium

17. The common law misdemeanor of ______ punished the unlawful collection of money by a governmental official.

A. extortion

B. blackmail

C. bribery

D. embezzlement

Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Knowledge

Answer Location: Extortion

Difficulty Level: Easy

18. Which of the following is not considered to be an object of extortion?

A. labor

B. services

C. only things of monetary worth

D. something of importance

Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Application

Answer Location: Extortion

Difficulty Level: Medium

19. What was developed to punish false statements on documents?

A. false promoting

B. false promising

C. false answering

D. false swearing

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension

Answer Location: Perjury

Difficulty Level: Easy

20. A perjured statement is required to be ______ to the proceedings.

A. confidential

B. material

C. immaterial

D. anonymous

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension

Answer Location: Perjury

Difficulty Level: Easy

21. ______ applies when in the same continuous proceeding an individual states that an earlier statement was false.

A. Obstruction

B. Falsification

C. Recantation

D. Subornation

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension

Answer Location: Obstruction of Justice

Difficulty Level: Easy

22. Which of the following is NOT included in the Illinois statute on obstruction of justice?

A. destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information

B. induces a witness having knowledge material to the subject at issue to leave the State or conceal himself

C. possessing knowledge material to the subject at issue, he leaves the State or conceals himself

D. prevents, hinders, or delays the apprehension or prosecution of an individual who has committed a criminal offense

Learning Objective: 13-5: An individual who is not a defendant in a criminal case has no legal obligation to cooperate with the prosecution and for that reason cannot be held criminally liable for obstruction of justice or for tampering with evidence.

Cognitive Domain: Comprehension

Answer Location: Obstruction of Justice

Difficulty Level: Easy

23. Stephanie was pulled over for a speeding, and the officer observed her stuff something into her mouth. Stephanie was transported to a hospital where her stomach was pumped, and she expelled a bag of heroin. What charges are possible for the Stephanie’s action?

A. for speeding only

B. speeding and unlawful possession of narcotics

C. speeding, unlawful possession of narcotics, and obstruction of justice

D. none of these

Learning Objective: 13-5: An individual who is not a defendant in a criminal case has no legal obligation to cooperate with the prosecution and for that reason cannot be held criminally liable for obstruction of justice or for tampering with evidence.

Cognitive Domain: Comprehension

Answer Location: Obstruction of Justice

Difficulty Level: Medium

24. Which of the following charges implies when an individual prevents, hinders, or delays the apprehension or prosecution of another individual who has committed a criminal offense?

A. accessoryship

B. tampering with evidence

C. omission

D. hue and cry

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension

Answer Location: Obstruction of Justice

Difficulty Level: Easy

25. Which of the following court cases held the requirements of a statute making it a misdemeanor for any person to refuse to assist a peace officer or fireman authorized to command assistance in the execution of his duties?

A. Davila v. State

B. State v. Floyd

C. State v. Pichon

D. Greenberg v. United States

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge

Answer Location: The Citizen’s Duty to Assist Law Enforcement

Difficulty Level: Easy

26. How many states do recognize the right of an individual to resist an unlawful arrest in the United States?

A. 5

B. 7

C. 12

D. 17

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge

Answer Location: Resisting Arrest

Difficulty Level: Easy

27. Which of the following court cases resulted in passing a law recognizing that citizens possess the right of self-defense against police officers unlawfully entering their homes?

A. State v. Ramsdell

B. State v. Floyd

C. State v. Pichon

D. Shoultz v. State

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge

Answer Location: Resisting Arrest

Difficulty Level: Easy

28. Which of the following court case led to the observation that law enforcement officers are rarely called to account for illegal arrests and that the right to resist provides an effective deterrent to police illegality?

A. State v. Ramsdell

B. State v. Floyd

C. State v. Wiegmann

D. Shoultz v. State

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge

Answer Location: Resisting Arrest

Difficulty Level: Easy

29. Which of the following is NOT part of the Colorado statute on compounding?

A. Compounding is a class 3 misdemeanor punishable by up to 6 months in prison and a fine of between $50 and $750.

B. a person commits compounding who accepts or agrees to accept money, property, or any economic gain in return

C. knowingly agreeing to take anything of value in return for concealing a crime, withholding evidence, or failing to pursue a prosecution

D. an affirmative defense that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge

Answer Location: Compounding a Crime

Difficulty Level: Easy

30. Which of the following elements is NOT the U.S. Code of misprision of a felony?

A. taking affirmative steps to conceal the crime, such as destruction of evidence

B. failing to pursue prosecution of an offender

C. knowledge a felony was committed

D. failure to notify the authorities of the crime

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge

Answer Location: Compounding a Crime

Difficulty Level: Easy

31. A lawyer who violates a gag order and holds a press conference with the media criticizing the judge can be held responsible in ______.

A. direct criminal contempt

B. indirect criminal contempt

C. legislative contempt

D. judicial contempt

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension

Answer Location: Contempt

Difficulty Level: Medium

32. Which of the following is NOT part of the federal courts’ broad contempt powers?

A. misbehaviors that intentionally facilitate or permit an escape from a detention facility

B. disobedience or resistance to its lawful writ, process, order, rule, decree, or command

C. misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice

D. misbehavior of any of its officers in their official transactions

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Knowledge

Answer Location: Contempt

Difficulty Level: Easy

33. ______ offers the power to punish “disrespectful and disorderly” behavior as well as individuals who refuse a subpoena to testify or to submit documents.

A. Direct criminal contempt

B. Indirect criminal contempt

C. Legislative contempt

D. Judicial contempt

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension

Answer Location: Contempt

Difficulty Level: Easy

34. Who can NOT be held responsible for indirect criminal contempt?

A. defendant

B. lawyer

C. juror

D. bailiff

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension

Answer Location: Contempt

Difficulty Level: Medium

35. What is the maximum grade of punishment for aggravated contempt?

A. 2 years in prison

B. 7 years in prison

C. 30 years in prison

D. life sentence

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension

Answer Location: Contempt

Difficulty Level: Medium

36. Which of the following factors did the U.S. Supreme Court recommend to consider in punishing criminal contempt?

A. the seriousness of the consequences of the contumacious behavior

B. the importance of deterring such acts in the future

C. the extent of the willful and deliberate defiance of the court’s order

D. the racial backgrounds of the people on trial

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension

Answer Location: Contempt

Difficulty Level: Easy

37. The legislative contempt power includes the power to punish “______” behavior as well as individuals who refuse a subpoena to testify or to submit documents.

A. aggressive and disrespectful

B. disorderly and aggressive

C. disrespectful and disorderly

D. disrespectful and obstructing

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension

Answer Location: Contempt

Difficulty Level: Easy

38. In ______, money or a valuable benefit is offered or provided to a public official in return for an official’s action or inaction.

A. extortion

B. blackmail

C. bribery

D. embezzlement

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Knowledge

Answer Location: Bribery

Difficulty Level: Easy

39. ______ is negligently or recklessly allowing an individual to escape from confinement.

A. Negligent escape

B. Reckless escape

C. Prison escape

D. Prison break

Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Knowledge

Answer Location: Escape

Difficulty Level: Easy

True/False

1. A defendant cannot be guilty of bribery if the public official refuses to accept the bribe.

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Bribery

Difficulty Level: Medium

2. A jury member who speaks about a specific case despite the court’s issuance of a court order may be held liable for contempt of court.

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Knowledge

Answer Location: Contempt

Difficulty Level: Easy

3. The federal crime of blackmail requires the use of force or the threat to use force.

Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension

Answer Location: Extortion

Difficulty Level: Easy

4. The law does not recognize any legal excuses or justifications to prison escape.

Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Knowledge

Answer Location: Escape

Difficulty Level: Easy

5. If a correction officer recklessly permits an escape from a jail, the officer may be held liable for the escape.

Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Comprehension

Answer Location: Escape

Difficulty Level: Easy

6. Bribery and receiving an unlawful gratuity are prosecuted as the same crime.

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Bribery

Difficulty Level: Easy

7. Under federal law, blackmail and extortion are the same crime.

Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension

Answer Location: Extortion

Difficulty Level: Easy

8. The crime of perjury must be proven beyond a reasonable doubt.

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Knowledge

Answer Location: Perjury

Difficulty Level: Easy

9. If an individual escapes from prison based on necessity but fails to turn him- or herself in after the threat has passed, the individual may be found guilty of escape.

Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Comprehension

Answer Location: Defenses to Prison Escape

Difficulty Level: Easy

10. Only a sports participant can be found guilty of receiving a sports bribe.

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Sports Bribery

Difficulty Level: Easy

11. Edward Cox was sentenced to 8 months in prison for fraud.

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Bribery

Difficulty Level: Easy

12. In bribery, the Model Penal Code (MPC) states that a benefit means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person.

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Bribery

Difficulty Level: Easy

13. Commercial bribery is a new type of crime and no states have criminal codes for this crime.

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Commercial Bribery

Difficulty Level: Easy

14. Perjury used to be able to punishable with death.

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension

Answer Location: Commercial Bribery

Difficulty Level: Easy

15. In addition to statutes punishing obstruction of justice, most states have statutes punishing accessoryship after the fact.

Learning Objective: 13-5: An individual who is not a defendant in a criminal case has no legal obligation to cooperate with the prosecution and for that reason cannot be held criminally liable for obstruction of justice or for tampering with evidence.

Cognitive Domain: Comprehension

Answer Location: Obstruction of Justice

Difficulty Level: Easy

16. Resisting arrest occurs when he or she intentionally flees from an individual that he or she knows is a police officer attempting lawfully to detain him or her.

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension

Answer Location: Resisting Arrest

Difficulty Level: Easy

17. The acceptance of money or something of value in exchange for agreeing not to prosecute a felony was considered an obstruction of justice.

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension

Answer Location: Compounding a Crime

Difficulty Level: Easy

18. Prison escape is a detainee’s unlawful flight from confinement through the use of force.

Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Comprehension

Answer Location: Escape

Difficulty Level: Easy

19. A number of courts recognize the defense that an individual who escaped was wrongfully incarcerated, although most courts do not recognize the defense of self-help.

Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Comprehension

Answer Location: Defenses to Prison Escape

Difficulty Level: Easy

20. The legislative contempt is punishable as felony.

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension

Answer Location: Legislative Contempt

Difficulty Level: Easy

Short Answer

1. What are crimes of official misconduct?

Learning Objective: 13-1: A conviction for bribery of a public official requires that an individual offer a public official money or an item of value in return for an official act and that the public official accept the offer and commit the official act.

Cognitive Domain: Comprehension

Answer Location: Introduction

Difficulty Level: Easy

2. How does the bribery today differ from bribery in the past?

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Bribery

Difficulty Level: Easy

3. What is the difference between bribery and gratuity?

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Bribery

Difficulty Level: Easy

4. What is the major criticism against the Foreign Corrupt Practices Act?

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Foreign Corrupt Practices Act

Difficulty Level: Easy

5. What is the required intent for perjury?

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension

Answer Location: Perjury

Difficulty Level: Easy

6. What is the primary purpose of the two-witness rule?

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension

Answer Location: Perjury

Difficulty Level: Easy

7. What makes an individual to be guilty of evading arrest?

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension

Answer Location: Resisting Arrest

Difficulty Level: Easy

8. What are some of the considerations for the offense of compounding a crime?

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension

Answer Location: Compounding a Crime

Difficulty Level: Easy

9. Provide some examples of the existing federal laws that prohibit an individual from fleeing across state lines to avoid arrest or confinement.

Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Comprehension

Answer Location: Escape

Difficulty Level: Easy

10. What is the difference between direct and indirect criminal contempt?

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension

Answer Location: Direct and Indirect Criminal Contempt

Difficulty Level: Easy

Essay

1. Why does the law punish the offense of compounding a crime?

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension

Answer Location: Compounding a Crime

Difficulty Level: Medium

2. Discuss the elements of perjury, and describe the ways perjury may be proven.

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension

Answer Location: Perjury

Difficulty Level: Easy

3. What are the elements of extortion? How is extortion different from bribery?

Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension

Answer Location: Extortion

Difficulty Level: Medium

4. Mary meets Jacob, a young and prominent political figure, at a rally. The two develop a relationship that lasts a number of years; however, the relationship ends bitterly. Mary, angry and resentful, threatens to reveal embarrassing secrets about Jacob and Jacob’s family if he does not get back together with her. Is Mary guilty of extortion? Why or why not? Is Mary guilty of blackmail? Why or why not?

Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension

Answer Location: Extortion

Difficulty Level: Easy

5. What are the elements for the offense of offering a bribe to a public official and the offense of soliciting a bribe?

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension

Answer Location: Bribery

Difficulty Level: Medium