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53 Cards in this Set
- Front
- Back
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Public-order offenses |
offenses that disturb the public order |
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What interest is being protected in public order? |
inherent right to live peaceful and tranquil lives |
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Order should be.. |
valuable and preserved |
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Breach of Peace |
any activity that unreasonably disturbs the peace and tranquility of the community |
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Disorderly conduct |
behavior that tends to cause public inconvenience, annoyance, alarm. |
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What Amendment keeps disorderly conduct interesting? |
First Amendment (ex. Westboro, flag burning) |
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Affray |
altercation between 2 or more people in a public place to the terror/afraid of others. |
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Example of affray |
Outside a bar, 2 knuckleheads randomly fight |
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Fighting |
unsanctioned fight between 2 willing persons |
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Fighting words |
not guaranteed |
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Example of fighting words |
Sandy, I've hated you for years, I'm going to blow up your house |
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Drug and Alcohol crimes |
Public drunkenness/ drunk and disorderly |
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What does public drunkenness and drunk and disorderly mean?
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unable to care for self and hazard to others |
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DWI |
Driving while intoxicated (.08 is legal) |
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DUI |
Driving under the influence (pills, drugs) |
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Riot |
A tumultuous disturbance (overt act) by 3 or more. Culmination of unlawful assembly |
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Lynching |
the taking, by means of riot, of any person from the lawful custody of a peace officer |
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Rout |
an overt act of preparing to riot by arming themselves with weapons/dangerous objects. |
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Vagrancy and Loitering |
Laws are very vague (just because someone is homeless, doesn't mean they are criminal. |
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Vagrancy |
living without labor on the charity of others |
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Loitering |
Specifically defined prohibited behavior time/place. |
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Treason |
* ONLY CRIME SPECIFICALLY MENTIONED IN THE CONSTITUTION. Attempt (overt act) to overthrow the govt. of the society of which one is a member. |
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Espionage |
spying for a foreign country *gathering and transmitting information to a foreign power. |
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Perjury |
willful giving of false testimony in judicial proceeding. |
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Subornation of perjury |
procuring another to perjure |
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Contempt |
Deliberate conduct calculated to obstruct/ embarrass a court |
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Example of contempt |
Not behaving in court, disrespecting officers. |
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Obstruction of justice |
interfering with administration of courts, judicial systems or law enforcement |
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Bribery |
giving or receiving a gift in order to influence a person in the exercise of public duty (judge/cop) |
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Offenses against public morality |
Deals with victimless crimes and over criminalization |
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Types of offenses against public morality |
Prostitution Gambling Drugs Porn/ Obscenity |
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Victimless |
Willing participants/ harm |
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Prostitution |
"World's oldest profession" Engaging in a sex act for hire |
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Soliciting prostitution |
offering or requesting (asking) |
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Obscenity |
that which appeals to the prurient interest |
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Prurient |
morbid interest in sex |
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Porn isn't illegal, but |
obscene porn is (intense, animal, child) |
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Crimes against nature |
incest, bigamy, polygamy, bestiality |
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CSA of 1970 |
DEA Schedules |
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Schedule I - V |
Abuse/addiction potential AND medical use |
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Justifications and Excuses are.. |
Affirmative defenses |
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Justifications |
My act was necessary to avoid greater evil |
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Excuses |
circumstance that defendant should not be held liable. *exonerate and absolve! |
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Defense |
evidence offered to show why defendant should not be liable |
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What is the most common defense? |
Alibi "Defense of Fact" (I was @work) |
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Necessity |
Natural disaster, you steal food// Stranded on an island, you eat a human |
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Self Defense |
May use reasonable force to defense oneself Threat was be imminent and measured. |
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Deadly force |
A force likely to cause death or great bodily harm |
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When is deadly force considered reasonable? |
When used to counter an immediate threat of death or great bodily harm |
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Alter ego rule |
a person can only defend a third party under circumstances (Ex. If a 6 ft guy is trying to beat Anais up, OJ can step in and defend me) |
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Insanity |
legal term (no medical definition) |
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McNaughten Rule |
*whether the defendant knew what he was doing OR *whether the defendant knew what he was doing was wrong. |
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Entrapment |
inducing another to commit crime. **Predisposition |
