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Ventura College Criminal Justice Lecture On March 1, 2017, Professor Haney served as a guest speaker for Ventura College criminal justice students. The lecture provided students with an outline of the criminal justice system.  Students received a detailed explanation of the roles played by defense attorneys, prosecutors and judges in the administration of justice. Students were also…

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False Report by a Peace Officer – Penal Code Section 118.1 Peace officers who knowingly file false reports may be punished with either a misdemeanor or felony criminal charge pursuant to Penal Code Section 118.1. Penal Code Section 118.1 establishes a form of perjury specific to police officers.1 Elements of the Offense: A peace officer…

Willfully Assisting An Inmate to Escape From a Public Training School or a Reformatory, Penal Code Section 109 Any person who assists an inmate to escape from a public training school or reformatory is guilty of a felony pursuant to Penal Code Section 109. Section 109 is considered a crime against public justice. To prove…

Jury

Misconduct by Jurors and other Judicial Actors – Penal Code Section 96 Jurors and other individuals included in the decision making process of court cases may be severely punished for corruption. Penal Code Section 96 covers the following individuals: • Jurors • Arbitrators1 • Umpires • Referees Section 96 states that it is illegal to…

Judicial Officer’s Request or Receipt of Gratuity – Penal Code Section 94 If a judicial officer is accused of taking any type of compensation or gratuity for performing an official act, prosecutors may seek to punish the jurist under Penal Code Section 93 (felony) or Penal Code Section 94. Section 94 states that any judicial…

Corruption of Judges

Bribing or Offering to Bribe a Judicial Officer – Penal Code Section 92 The crime of bribing or attempting to bribe a judge is punishable as a felony under Penal Code Section 92. The law also mandates felony punishment for any person who attempts to bribe someone authorized by law to decide court-related matters, including:…

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Requesting or Receiving a Bribe by a Legislator – Penal Code Section 86 In California, any legislative member who accepts or requests a bribe may be guilty of a felony under Penal Code Section 86. The person who offers or gives the bribe may also be guilty of a felony under Penal Code Section 85….

Graft

Giving or offering a gratuity to obtain public appointment – Penal Code Section 73 To ensure public confidence in government, Penal Code Section 73 sets forth misdemeanor-level punishment for any person who attempts to secure public office by way of a gratuity or reward. Commentary: Section 73 is infrequently used. California prosecutors typically take an…

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Government Officials Requesting Benefits, Gratuities or Rewards For Doing Official Acts – Penal Code Section 70 With notable exceptions, California law forbids government officials from accepting benefits, gratuities, rewards or other forms of compensation in exchange for doing official acts.1 The law applies to both executive and ministerial government officers. Executive officers utilize discretion in…

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Requesting or Taking a Bribe – Penal Code Section 68 California law punishes government officials who request or take bribes in exchange for influencing the manner in which they perform their public duties. Penal Code Section 68 applies to all state, federal and local government employees accused of requesting or taking a bribe.1 (Penal Code…