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)