Offenses against the Government, Administration

Offenses against the Government

A. Treason

  • Treason is defined as levying war against the United States and ongoing their enemies aid or comfort
  • Where treason is made a crime under the State Statues their derivatives emphasizes crimes against the state government
  • Requirements of treason are:

(i) Allegiance

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(ii) Overt Act

(iii) Intent to betray

(iv) Testimony by two witness of overt act

(xx) Confession by defendant in open court (Dix, 2016)

B. Treason like Crimes

  • There are a number of offenses resembling treason that proscribe certain activities as a threat to government:

(i) Rebellion

(ii) Advocating overthrow of government

Conclusion: Treason is the levying of war against the United States or the forming of allegiance to overthrow the United States’ government. In common law treason is defined as treachery or a breach of faith. Some people used to treat treason as the highest crime possible to commit. Every citizen even those who are not citizens have a constitutional duty to prevent the causes of treason in the country.

Offenses against the Administration

A. Hindering Apprehension or Prosecution of a Felon

(xxi) One who has concealed or aided another wo has committed a felony with the knowledge that the person has committed a felony is punishable by 1 year of prison or a fine of 5,000 dollars (Dix, 2016)

B. Misprision of Felony

  • One who fails to report or prosecute a person known to have committed a felony is guilty of a misdemeanor misprision of a felony
  • People who only have knowledge of the felony are rarely prosecuted
  • Federal law defines the offense as:

(i) Having knowledge of the actual commission of a felony

(xxii) Concealing or failing to make known to the judge or other persons in law enforcement as soon as possible (Dix, 2016)

C. Compounding a Crime

  • It is a common law misdemeanor of compounding a c rime to agree for consideration not to prosecute another for a felony
  • Agreeing to forego prosecution for any offense
  • Elements of compounding a crime are:

(xxiii) An agreement

(xxiv) For valuable consideration

(xxv) Failing to report or cooperate in the prosecution of a crime (Dix, 2016)

D. Perjury

  • The misdemeanor of perjury is willingly giving of false statement under oath in a judicial proceeding
  • Perjury is no longer limited to judicial proceedings it is therefore giving of a false statement under oath in any proceeding where law authorities issue and oath
  • There is no perjury inless false statement is material
  • One who intentionally causes another to commit perjury is guilty of subornation of perjury

Conclusion: Crimes against the administration of justice include acts in which one or more person try to prevent the execution of law for unlawful purposes. Making false statements under oath or affirmations. Or making other people give false statements. When a crime occurs and other people working for the defendant’s hide or suppress information relevant to a grand jury investigation this is termed crimes against the administration of justice.

Conclusion:

The study of criminal law is assigning criminal liability to offenders by legal institutions.

This process is governed by three main factors, legislation or criminal statutes, defendant’s rights, and punishment. These factors define the skeleton of legal institutions meant to proscribe law and make society safe from the actions of criminals. They proscribe legal methods that subject a criminal to the courts of a criminal jurisdiction. There must be ascribed proof beyond a reasonable doubt to which criminal responsibility is given. Legislation made by common law is defined by judicial interpretation of precedent and new case law and precedent that expands with the changing time. Criminal statutes are designed by judicial interpretation of criminal statutes and federal criminal law. The general principles of punishment and criminal law act as deterrents, incapacitates, retributive, and rehabilitative markers that hit at the mentality of the offenders to make punishment and responsibility for the crimes strongly connected to the mentality of the criminal. Criminal law is so important because it has the capability to assign heavy punitive measures to the offender causing the offender much discomfort. Directly implicating the moral and often antagonistic feelings of the offender.

When studying criminal law it is important to understand that what is being explained in the legislation, rights, and punishment is a set of values and principles. That is set out to control people from doing harmful things. Where manner of criminal conduct, actus reus and mens rea is the major contributor to lawful authority arresting, detaining, and punishing. Crimes such as assault, robbery, rape, and kidnapping all demonstrate and ability to lose self-control and contribute to an awareness of the crime in which the offender means to take actions and conduct himself in a criminal state of mind. In criminal law it is thought that everyone has a chance to commit some criminal act, there is a culpable state of mind that everyone can indulge in. And, if a crime is a conduct forbidden by law leading to criminal prosecution it is the criminal justice system through its many processes that make offender whole. Rectifying the lack of morality with principles so that everyone obeys the law.

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