Essential Criminal Law
Third Edition
Learning Objectives
TEST YOUR KNOWLEDGE: TRUE OR FALSE?
- 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.
- 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.
- 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.
- 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.
- 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.
- In most states, an individual is legally entitled to resist an unlawful arrest.
- 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.
- 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.
- 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.