ADMJ 1400 Lecture Notes - Lecture 7: Model Penal Code, Perjury
22 Mar 2018
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Document Summary
Common law: the failure to report of to prosecute a person known to have committed a felony, actor had to know who did it (the crime, not a felony. It is generally not a crime to not report a felony unless there is some special statutory duty created by the legislator placed upon a person in a certain profession. Compounding a crime: to agree to do something for consideration (for something of value) Common law: agreement not to prosecute regarding a known felony in exchange of something of value, only applies to the victim who can prosecute, misdemeanor. It is unlawful to fail to either report a crime (felony or misdemeanor) or prosecute a crime. Common law: the willful making of a statement known to be false under oath in a judicial proceeding, misdemeanor. In a majority of states, retraction may be a defense as long as they do it before their perjury is discovered and within the same proceeding.
