Crime against the government and terrorism

1. Chapter 9
CRIME AGAINST THE
GOVERNMENT AND
TERRORISM

2.  Issue once societies became more complex
 FBI announced in 2010 that public corruption was number-one
criminal priority
 Public corruption may be found everywhere
 Public safety may be at stake
 Often several charges involved in one case
CRIMES AGAINST THE GOVERNMENT

3.  Under common law covered false statements willfully made
under oath in a judicial proceeding
 Early common law provided for punishment of death
 Later punishment lessened
 Today, elements vary from jurisdiction to jurisdiction
PERJURY

4. 1. Accused has taken oath to tell truth
2. Oath administered by legal authority
3. Oath taken in judicial proceeding (or statutory affidavit)
4. Accused testified in that proceeding
5. Testimony is material to proceeding
6. Testimony was false
7. Testimony given willingly, with knowledge it was false, and
with intention it be believed
PERJURY:
GENERAL ELEMENTS

5.  Recent perjury and related cases
 See Focus 9.1
 Subornation of perjury
 Common law crime involving obtaining another to commit perjury
 Carried same penalties as perjury
 Original common law crimes limited to statements made
under official oath in judicial proceedings
 English courts developed additional crimes to cover other kinds of
statements
PERJURY

6.  False swearing
 Includes false statements that would be perjury but for fact that they
were not made in judicial proceeding
 All are crimes under federal law
 Many jurisdictions have statutes prohibiting other such acts
 These crimes not frequently prosecuted
PERJURY

7.  Limited under common law to actions concerning judicial
officials and applied only to one who took bribe
 English legislation extended crime to bribe giver as well as
taker
 Offense also extended to include other public officials and included
attempts
 Similar with early U.S. common law
 By statute in many jurisdictions, crime broadened
 Now also includes quasi-official and occupational
BRIBERY

8.  Current statutes define who may be bribed and require intent
 Intent is most important element
 Possible only one party has intent
 For conviction in cases involving alleged bribery of public
officials must show money given to official to influence action
over which individual has some official control
BRIBERY

9.  May merge with other crimes
 Embracery
 Common law crime related to bribery
 Misdemeanor referring to corrupt attempt to influence juror by means
of promises, money, persuasions, or similar techniques
 Few jurisdictions include as a crime
BRIBERY

10.  Willful, unlawful behavior by public officials in course of their
official duties
 May include:
 Nonfeasance
 Failure to act
 Malfeasance
 Engaging in wrongful act official has no right to do
 Misfeasance
 Improperly performing act official has right to do
 Was punishable by imprisonment, fine, or removal of office
under common law
OFFICIAL MISCONDUCT IN OFFICE

11.  Some designated as separate crimes
 Requirements
 Offender must be public official acting in that capacity
 Offender must have evil intent
 Misconduct must occur under color of law
 Violation of civil rights by law enforcement has been matter of
increased national attention with calls for more prosecution
OFFICIAL MISCONDUCT IN OFFICE

12.  Misdemeanor crime under early common law
 Could take many forms
 Recognized today in most jurisdictions by statutes
 May be prosecuted under related crimes
 Barry Bonds case
OBSTRUCTION OF JUSTICE

13.  Courts and other institutions have power to enforce internal
orders and maintain decorum
 Those who refuse to follow orders may be cited for contempt
 U.S. Congress also has contempt powers
 Contempt of Congress
 Can be used against those who deliberately interfere with
Congressional powers and duties
 See Focus 9.3
CONTEMPT OF COURT

14.  Historically considered one of the most serious crimes against
the government
 Attempting to overthrow the government of which one is a
citizen or betraying that government to a foreign power
 Only crime defined in U.S. Constitution
 Congress has power to define and legislate punishment
TREASON

15.  Fewer than 50 cases prosecuted in United States
 Some involve treasonous acts brought under other statutes
 Espionage
 Julius and Ethel Rosenberg
 Jonathan Pollard
 Edward J. Snowden
 Economic espionage
TREASON

16. 1. Allegiance owed to government
2. Act that violates offender’s allegiance
3. Criminal intent
 Person cannot commit treason against United States if not a
U.S. citizen
 Intent required may be shown by proving accused was aware
actions in question would assist enemy in efforts against
United States
 Most states have own treason statutes
 Have some discretion in framing their statutes
ELEMENTS OF TREASON

17.  Misprision of treason
 Concealment of known treason of another
 Punishable under federal and most state statutes
 Federal code includes other crimes
 State statutes may include related crimes
 Some held unconstitutionally broad or vague
 Sedition
 Communication or agreement aimed at stirring up treason or
defaming government
 Seditious libel
 Seditious conspiracy
TREASON-RELATED CRIMES

18.  Todd R. Clear (2001)
 Very word holds us at attention
 To be terrified is dreadful experience
 Terror
 Alarming emotion and to provoke is to invite alarm
 Invoking terror often not limited to focused attempt
 Several acts in United States
 See Focus 9.4
TERRORISM

19.  Little agreement on definition
 Most have concept of what it means
 Various definitions
 Is a political crime but may also be violent personal crime
 Acts planned in advance
 Inculcation of fear is paramount and deliberate
TERRORISM:
PROBLEM OF DEFINITION

20.  Traditional criminal statutes may be used to prosecute acts of
terrorism
 Federal and state criminal codes expressly prohibit terrorism
 Federal code defines two types:
 International
 Domestic
TERRORISM:
FEDERAL CRIMINAL CODE

21.  California Penal Code
 Some states define terrorism in general and then indicate
specific acts under enumerated conditions constitute
terrorism
 Some enacted in direct response to terrorist acts of 9/11
 Vermont
 All must deal with fact crime may consist of acts or threats,
or both
TERRORISM:
SATE TERRORISM STATUTES

22.  Must be drafted to account for distinguishing between modern
and classical terrorism
 As result of technological vulnerability, potential for harm greater
today than in past
 Mass and social media carry activities of terrorists to entire world
 Modern terrorists believe they can maintain or increase hope for
causes
TERRORISM:
SATE TERRORISM STATUTES

23.  Islamic State of Iraq and Syria (ISIS)
 Also known as Islamic State of Iraq and the Levant (ISIL)
 Most recent focus of counterterrorism efforts
 Some signs of containment progress
 Group’s horrific violence waged against men, women, and
children
 Muslims and non-Muslims alike
 Don’t Be A Puppet: Pull Back the Curtain on Violent
Extremism
 FBI program developed to prevent U.S. citizens from joining extremist
organizations
TERRORISM:
CURRENT TERRORIST THREATS BY ISIS

24.  One tool of modern terrorists is the computer and the Internet
 Allows more information to be dispersed to more people in much
shorter time and less risk of detection
 Have been multiple arrests of individuals allegedly joining or
supporting group
TERRORISM:
CURRENT TERRORIST THREATS BY ISIS

25.  Use of Internet for terrorist threats
 Does not carry immediate threats
 Still harmful effects that can be far reaching and frightening
 Cyber arms race
 Former FBI director Robert Mueller
 Cyber thieves and law enforcement compete with each other to stay
ahead in race
 FBI relies not only on state and local law enforcement to fight
cybercrime, but numerus other institutions
CYBERTERRORISM

26.  Data on extent difficult to collect
 President’s National Strategy to Secure Cyberspace
 Directs DOJ to improve data collecting
 National Computer Security Survey
 Developed to find ways to measure effect of cybercrimes on businesses
 At least 67% of respondents reported some form of cybercrime
 Potential for cybercrime perhaps easier to measure
CYBERTERRORISM

27.  Congress has considered cybersecurity bills
 FBI declared October 2015 as National Cybersecurity
Awareness Month
 Cybersecurity Information Sharing Act
 Approved and signed in fall 2015
 Enables companies to share data
 Some fear it does not go far enough toward security protection and
will simply increase government surveillance
CYBERTERRORISM

28.  Security measures increased in U.S. airports after increased
number of skyjackings by terrorists in 1970s
 Obvious efforts not sufficient after 9/11 attacks
 Legislation is major approach to controlling terrorism
THE CONTROL OF TERRORISM

29.  Some legislation enacted after 9/11 based on
recommendations of national commission
 The 9/11 Commission
 National Commission on Terrorist Attacks upon the United States
 Made five major recommendations for reorganizing government
 Highly controversial and many questions remained
 Legislation at national level also followed April 1995 terrorist
bombing of federal building in Oklahoma City, OK
THE CONTROL OF TERRORISM:
THE NATIONAL LEVEL

30.  The Antiterrorism and Effective Death Penalty Act
 Extensive piece of legislation
 Restricts opportunities for inmates to appeal sentences
 Makes it more difficult for terrorist groups to raise money in United
States
 Provides for easier deportation of alien terrorists
 Authorizes funds for fighting terrorism in United States
 Contains provisions for victims
THE CONTROL OF TERRORISM:
THE NATIONAL LEVEL

31.  The USA Patriot Act
 Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001
 Expansion of wiretaps on terrorist suspects’ email, use of Internet,
and telephone conversations
 Tighter controls on immigration
 Tighter control on money laundering
 Enacted quickly and has been very controversial
 Has been renewed and amended
THE CONTROL OF TERRORISM:
THE NATIONAL LEVEL

32.  The USA Freedom Act
 Uniting and Strengthening America by Fulfilling Rights and Ensuring
Effective Discipline Over Monitoring Act of 2015
 Restored expired provision of USA Patriot Act
 Right of government to access bulk collection of telecommunication
metadata on businesses and U.S. citizens
 Restrictions apply
 Requires some changes in procedures of the FISC
THE CONTROL OF TERRORISM:
THE NATIONAL LEVEL

33.  The Department of Homeland Security (DHS)
 Passage of National Homeland Security and Combating Terrorism Act
of 2002 converted DHS into cabinet-level position
 Merged 22 agencies into one agency
 Most sweeping overhaul in federal government of 50 years
 Coordinates federal agencies involved in domestic preparedness and
emergency planning
 Direct control over multiple agencies
 Has own intelligence gathering-functions
 Also provides for White House Office of Combating Terrorism
THE CONTROL OF TERRORISM:
THE NATIONAL LEVEL

34.  The Transportation Security Administration (TSA)
 Created to assume screening functions for all commercial flights
 Has reduced some initial restrictions in a few airports
 Some requirements remain controversial
 Numerous other acts enacted
THE CONTROL OF TERRORISM:
THE NATIONAL LEVEL

35.  Most states have also enacted counterterrorism measures
 New Jersey
 Law viewed as backup if federal statutes deemed invalid or federal
prosecutors decline to prosecute
 Contains multiple provisions
 Includes many changes to existing criminal code
 All designed to deter terrorism threats
THE CONTROL OF TERRORISM:
THE STATE LEVEL