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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 Page 583. Article 3, Section 3.

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Crimes Against the Government

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  1. Crimes Against the Government

  2. TREASON

  3. Treason • Have not been able to defend themselves • Is a “firing squad” offense • Most serious felony • Article 3, Section 3 • Page 583

  4. Article 3, Section 3 1. 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.

  5. 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.

  6. 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

  7. Elements of Treason 1. 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 punishable 3. Intent to betray • Show person engaging in acts

  8. Examples of Treason • Espionage • Insurrection • Mutiny • Sabotage • Sedition • Subversion • Syndicalism • Terrorism • Tax Evasion • Crossover Crime

  9. Crimes against Justice • Misdemeanors • Hinder, corrupt, or impede the functioning of judicial branch • Bribery • Perjury • Contempt of Court • Tampering with witnesses or evidence

  10. Smith Act 1940 • Made it a criminal offense if non-citizen resident did not register • Prosecuted fascists & Communist

  11. 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 duel • Alleged leader of a plot to make the Southwestern United States secede from the Union and establish themselves as a confederacy between 1804-1806

  12. 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

  13. 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 facts • Is guilty of treason? Why / Why not

  14. 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)

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