CHAPTER 12
OFFENSES AGAINST
ADMINISTRATION OF JUSTICE
Concealing an Offense (not required by POST)
A. Bribing to conceal either given or accepted to conceal offense or not prosecute or withhold evidence - Mike Tyson.
OBJECTIVE #1 -
Hindering Prosecution - MCCH - Chap. 12.3 Go over elements
A. Example: Civilians catch guy tampering with license plate in parking lot. Trying to scrape off decal. He pulls knife - waives it at them. Starts running. Guy in pickup truck drives in front to stop him. Civilians threaten with an ax handle and tire jack. They surround (calm) him and wait for police. Up drives a minister who is also a St. Louis City alderman . He flashes his alderman's badge and says, "I'll take into custody." Alderman testifies, "I didn't see knife in his hand and I thought he was in danger." Placed in alderman's car. One of the civilians places hand on alderman's shoulder and says, "We'll wait for police." Alderman says, "I am the police." Civilian starts to take alderman's plate number and alderman drives right at him. Civilian rides on hood of car and finally falls off of car and didn't get his name or make police report.
1. Discussion: Was this hindering prosecution? Look at item 3 of elements. 793 S.W.2d 481. 30 days in jail.
Perjury - Applies to Testimony (not required by POST) and must be about a material fact.
A. Example: D files a petition for a name change says that he has no criminal record and because his brothers are both convicted felons he loses job opportunities because of his name and also gets calls late at night because a bail bondsman has the same name as him. Actual record - two (2) misdemeanor assaults; one (1) careless and reckless driving; two (2) driving while revoked; three (3) DWIs - last one a felony. Is this perjury? What do you believe D used as a defense?
(1) Was the fact material - Court says yes, had a tendency to prove a material fact at court - good moral character needed for Court to grant name change, not being changed to deceive. Also prior convictions go to credibility to tell truth.
(2) Knowingly - He said my lawyer said convictions only if you go to state penitentiary - I didn't know what was meant by convictions. Honest belief he was telling truth negated "knowingly". Remanded to trial court to determine.
OBJECTIVE #1 -
False Report - MCCH 12.8 - Read elements.
OBJECTIVE #2 -
Resisting or Interfering with Arrest - MCCH 12.17. Go over elements. Note that a person can resist his own detention, stop or arrest and interfere with the detention, stop or arrest of another. (POST Objective 2)
A. Example: Deputy Sheriff is conducting undercover drug surveillance of suspected drug house. In street clothes, personal car, 3:00 p.m. Suspect pulls up at 4:00 p.m. in driveway. Goes into home for 5 minutes and exits. Suspect drives to Bud's Booze to Go. Deputy follows and parks across the street. Deputy radios the Sheriff. Deputy testifies Bud's is known to him to be site of previous drug trafficking. Two (2) hours later, suspect flashes lights at passing car. Car pulls up beside suspect. Deputy radios deal is going down. Gets out of car. Badge in one hand , walkie-talkie in other. Asks for I.D. Suspect refuses. Deputy sees bag of marijuana in lap - sees suspect throw things in floorboard. Suspect starts driving away. Deputy says, "You're under arrest." Truck's mirror strikes deputy. Suspect doesn't slow down. Deputy hangs on, drug sixty (60) feet and falls off. Suspect arrested twenty (20) minutes later - no marijuana.
(1) D wants to argue that the arrest was unlawful (at this time arrest had to be for felony - here only misdemeanor). No defense that arrest was unlawful.
(2) D wants to argue that deputy did not intend to arrest when approaching - Court says yes he did - he radioed - he approached - he testified as to his intent.
B. Important
1. Applies to warrant or no warrant situations.
* 2. No defense that arrest is unlawful.
3. But remember - Individual has right of self defense against an officer using excessive force to make an arrest. Not technically a defense to resisting arrest that officer is using excessive force.
OBJECTIVE #1 -
Escape or Attempted Escape from Custody - MCCH 12.23. Read elements.
Discuss the difference between escape from and attempted escape from custody. (POST OBJECTIVE #2)
A. Note: Increased penalties for use of weapons in escape, helping felons escape. Note: Both attempt and a successful escape is punished as escape. Note: Can escape confinement or custody. What is the difference?
OBJECTIVE #1 -
Refusal to Identify as a Witness - MCCH 12.21 Note requirement for name and address. Discuss Legal Bulletin 94-6 and caution against coercing people to give a statement or come to HQ absent some violation of this statute.
OBJECTIVE #1 -
Tampering with a Witness - MCCH 12.30A, read elements.
OBJECTIVE #1 -
Tampering with a Victim - MCCH 12.30B, read elements.
OBJECTIVE #1 -
Bribery of a Public Servant - MCCH 12.36
A. Acceding to Corruption. (Not required by POST) Example: Marshal for State Court of Appeals E.D. duties were to supervise individuals free on appeal bond. Supposed to prepare arrest warrant for those under his supervision whose convictions were affirmed on appeal and send court's mandate to Corrections.
Sutton, while free on bond was supposed to report to Marshal once a month. Conviction affirmed. Sutton said, "Should I turn myself in." Marshal says, "No, call this new lawyer." The new lawyer will get it reversed. Sutton pays new lawyer $750.00. New lawyer and Marshal discuss burying the file. Sutton starts dating new girl friend. Marshal says, "I want sex with her in return for keeping you out of jail." (They do.) Sutton goes to work at Marshal's gun shop for no pay.
1. Court upholds conviction for acceding to corruption. Public servant - failed to arrest - for working without pay and for sex with girl friend.
B. Bribery of a Public Servant - go over elements.
A. Example: D, an employee of Far East Steam Bath is riding in a car pulled over by Officer O'Connor of Bridgeport P.D. Employee gets out of car and sees officer writing a speeding ticket. O'Connor tells D to get back in her car. O'Connor goes to give driver his ticket and explains how he can pay it or appear in court. As O'Connor goes back to car, he hears D say, "I'll take care of the ticket." She gets out of car - driver leaves. She talks to O'Connor. He explains about paying ticket. She says, "I don't want him to get points and I don't want to go to City Hall. She says I don't understand. Can I go to Far East and get a translator. P introduces O'Connor to D. P and D talking foreign language. They take O'Connor into office, pool their money and offer O'Connor $190.00 so driver gets no points and they do not have to go to the courthouse. He refuses. D says I want to take care of this "under the table" - no points, off the record. O'Connor figuring he had been offered a bribe, starts to leave. D touches O'Connor's thigh and arm and says she would like to date a police officer. Asked him if he'd ever had a massage. He asked what kind of massage. She said we call it "head job." He declined offer, but didn't make arrest. O'Connor goes to his sergeant, gets a tape recorder and four (4) other officers. O'Connor goes inside alone. Goes to D's office and repeats her offer. She says, "Yes, yes" while rubbing his arm and leg. Another employee then enters room, asks for ticket (original). He goes to car, gets it and hands it to other co-defendant. Co-defendant hands him $190.00 and tears up ticket. O'Connor goes and gets other officer and they make arrest. Last lady caught flushing ticket down toilet.
1. Is there enough for bribery conviction?
a. Knowing offer
b. Benefit
c. Public servant
d. Exercise of discretion or violation of known duty.
2. 60 days jail/$5,000 fine upheld. 767 S.W.2d 352
Review of Chapter 12
A. Concealing an offense is a crime for the bribing party or the concealing party.
B. Hindering prosecution involves preventing or obstructing apprehension, prosecution, conviction or punishment.
C. Perjury - must be lying about a material fact in an official proceeding. The knowing requirement refers to knowingly lying.
D. False reports are offenses - enhanced if bombing, missing persons or crime compensation claim.
E. Resist Arrest - No defense that arrest was unlawful. No warrant needed. Officer must have been intending to arrest at some point. Remember civilian can resist against excessive force.
F. Escapes - using weapons or being a felon increases penalty.
G. Bribery for the person bribing - Acceding to corruption for the person that accepts.
Revised 4/01