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20 Cards in this Set
- Front
- Back
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How many people need be involved in a riot?
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Three
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What are the 3 steps recognized in violent mob action?
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-Unlawful Assembly
-Rout -Riot |
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What is an unlawful assembly?
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The coming together of three or more persons with a common purpose whether lawful or not.
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What is a Rout?
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An unlawfull assembly that has moved toward the execution of the common purpose , but no acts of violence or disorder have occurred.
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What is a Riot?
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Either the actual beginning of the execution of an unlawful common purpose, or the execution of an unlawful purpose by an assembly that was lawful when its members first assembled. Force and violence used to terror people.
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What are the elements of riot?
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1. a number of persons, three at least;
2. a common purpose; 3. execution or inception of the common purpose; 4. Intent to help one another by force if necessary against any person who may oppose in the execution of their common purpose. 5. Force or violence displayed in such a manner as to alarm at least one person of reasonable courage. |
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What is Inciting to Riot?
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When a person incites or encourages other persons to create or engage in a riot.
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May one who does no participate in a riot be guilty of enciting the riot?
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Yes!
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At common law, was there an offense of disorderly conduct?
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No!
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What is Disorderly Conduct?
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Conduct that is of such a nature as to effect the peace and quiet of persons who may witness the scene and who may be disturbed or provoked to resentment therby.
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Does every threatening or insulting word constitute disorderly conduct?
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No. In order to rise to the level of disorderly conduct, the conduct must be that which reasonably tends to a breach of the peace.
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What is vagrancy?
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When a person goes from place to place without visable means of support, and although able to work refuses to do so and lives on the charity of others.
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At common law who originally punished drunkenness?
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The church
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What is drunkenness?
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Being drunk in a public place
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In order to prove drunkenness, what must the prosecution prove?
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1. voluntary intoxication, plus
2. either in a public place, or if in a private place, the conduct is likely to be offensive, etc. OR the person engaged in conduct or created a condition which presents a risk of physical harm to himself or another. |
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What was eavesdropping at common law?
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listening under walls, windows, or eaves in order to vex or annoy another by spreading slanderous rumors against him.
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What is wiretapping?
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Intercepting converations by a connection in a telephone line.
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What did the 1934 Federal Communications Act do?
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It made wiretapping illegal
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What are the exceptions to the allowance of wiretapping?
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1. Someone acting under the color of law where they are a party to the communication
2. One of the parties has given prior consent to the interception. |
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What is the purpose of the Patriot Act?
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To deter and punish terrorist acts in the U.S. and around the world, to enhance law enforcement investigatory tools, and for other purposes.
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