Offenses Against the State

Herbert L. Packer
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Herbert L. Packer: Stanford University

The ANNALS of the American Academy of Political and Social Science, 1962, vol. 339, issue 1, 77-89

Abstract: 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.

Date: 1962
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Persistent link: https://EconPapers.repec.org/RePEc:sae:anname:v:339:y:1962:i:1:p:77-89

DOI: 10.1177/000271626233900107

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