Crimes Against the Government
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Transcript of Crimes Against the Government
CRIMES AGAINST THE GOVERNMENT
TREASON
Treason Have not been able to defend
themselves Is a “firing squad” offense Most serious felony Article 3, Section 3
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Article 3, Section 31. Treason against the United States,
shall consist only in levying War against them, or in adhering tot heir Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
Article 3, Section 3 Continued
2. The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article 3, Section 3 for Dummies
Treason is defined carefully as “levying War” “adhering to their Enemies, giving them Aid and Comfort”
Need 2 witnesses to the same act
Family cannot be punished or property taken
Elements of Treason1. Breach of Allegiance
Owe allegiance if protected by U.S. government
2. Overt act of betrayal “Material” aid or comfort to the enemy “Treasonous” or “fighting” words are
punishable3. Intent to betray
Show person engaging in acts
Examples of Treason Espionage Insurrection Mutiny Sabotage Sedition Subversion
Syndicalism Terrorism Tax Evasion
Crossover Crime
Crimes against Justice Misdemeanors Hinder, corrupt, or impede the
functioning of judicial branchBriberyPerjuryContempt of CourtTampering with witnesses or
evidence
Smith Act 1940 Made it a criminal offense if
non-citizen resident did not register
Prosecuted fascists & Communist
Case Study – Aaron Burr Colonel in the American Revolution
Prominent politician in New York Third Vice-President of the United
States Killed Alexander Hamilton in a duelAlleged leader of a plot to make
the Southwestern United States secede from the Union and establish themselves as a confederacy between 1804-1806
Burr Continued Indicted and tried for treason in 1807 Acquitted due in large part to Chief
Justice John Marshall’s narrow interpretation of the Constitutional meaning of treason Ruling ensured that treason would be
a legal rather than a political concept Limited the number of treason
indictments and trials
What you will do Read excerpts from Chief Justice
John Marshall’s Burr ruling Given a name of individual tried for
treason Research & write a short paper
explaining:Important factsIs guilty of treason? Why / Why not
Case Study Examples Research a treason case & create a summary
Michigan Militia (2010) John Walker Lindh (2001) John Fries Whiskey Rebellion Trial (1795) U.S. v. Hoxie (1808) Haupt v U.S. (1943) Cramer v. U.S. (1945) Kawakita v. U.S. (1950) Thomas Dorr (treason against the state of Rhode Island,
1844) Joseph Smith (treason against the state of Illinois, 1844) John Brown (treason against the state of Virginia, 1859) Jefferson Davis (possible treason against the United States
of America)