Suchergebnisse

Chambers.--Bentley.--Budenz.--Lautner

Offenses against the state fall into 2 categories: conduct inimical to the very existence of gov, & offenses which affect the orderly & just administration of public business. Treason, which shades into sedition or advocacy of overthrow, & espionage are examples of the former. Although the US Constitution was designed to limit the definition of treason to exclude 'constructive treason' as used in England, sedition laws giving similar effect have been passed in times of crisis. First Amendment problems have made prosecutions for subversive activities of livelier interest in constitutional than in criminal law. Examples of offenses which obstruct gov'al operations include perjury, bribery & corruption, & criminal libel & contempt by publication. Convictions for actions to obstruct are generally difficult to obtain. Prosecution for perjury, however, has been undertaken in a number of cases in which the statute of limitations proscribed prosecution for espionage or a more serious charge or where a conviction on another charge could not be obtained. It has always been difficult to delineate satisfactorily free pol'al activity & extralegal conspiracy contemplating force & arms rather than persuasion & the ballot. To the credit of US pol'al institutions, patriotic excesses, popular, legislative, or admin've, have generally been checked by an independent bar & an independent judiciary, & criticism of gov'al action which jeopardizes pol'al liberty if freely voiced in Congress, the courts, & the press. AA.

Offenses against the state fall into two cate gories : conduct inimical to the very existence of government, and offenses which affect the orderly and just administration of public business. Treason, which shades into sedition or advocacy of overthrow, and espionage are examples of the for mer. Although the United States Constitution was designed to limit the definition of treason to exclude "constructive trea son" as used in England, sedition laws giving similar effect have been passed in times of crisis. First Amendment problems have made prosecutions for subversive activities of livelier interest in constitutional than in criminal law. Examples of offenses which obstruct governmental operations include per jury, bribery and corruption, and criminal libel and contempt by publication. Convictions for actions to obstruct are gen erally difficult to obtain. Prosecution for perjury, however, has been undertaken in a number of cases in which the stat ute of limitations proscribed prosecution for espionage or a more serious charge or where a conviction on another charge could not be obtained. It has always been difficult to delineate satisfactorily free political activity and extralegal conspiracy contemplating force and arms rather than persuasion and the ballot. To the credit of American political institutions, patri otic excesses, popular, legislative, or administrative, have gen erally been checked by an independent bar and an independent judiciary, and criticism of governmental action which jeopard izes political liberty is freely voiced in Congress, the courts, and the press.—Ed.