Unit 7 Flashcards
(43 cards)
_______ crimes are acts that are not inherently bad but are considered crimes only because the law dictates them to be for various reasons. In contrast are ______ crimes, a designation that covers conduct that is prohibited because it is inherently wrong.
mala prohibita, mala in se 340
at common law, _______ offenses included unlawful assembly, rout, riot, disorderly conduct, and vagrancy.
breach of peace 340
an _______ is a gathering of _____ or more persons with the common intent to achieve a lawful or unlawful purpose in a tumultuous manner. Intent ______ required.
unlawful assembly, is NOT 340
a _____ is an attempted riot. It requires a specific intent to riot; however, the conduct falls short of a riot.
rout 340
a _____ is an unlawful assembly that fulfills the participants’ common purpose of violently breaching the peace and terrorizing the public.
riot 341
Modern _______ laws include behavior that disturbs the safety, health, or morals of others, or that is intended to only annoy another person. There is no common law version of this offense. The 3 elements are:
disorderly conduct
- engages in fighting, or threatening, or in violent or tumultuous behavior;
- makes unreasonable noise or offensively coarse utterance, gesture, or display, or addresses abusive language to any person present; or
- creates hazardous or physically offensive condition by any act that serves no legitimate purpose of the actor. 341
The largely outdated crime of ______ historically was vaguely defined as being idle, or wandering, without a visible means of support. The US Supreme Court ruled this law ________
vagrancy, unconstitutional 341
which of these examples are mala in se crimes:
- gambling
- kidnapping
- rape
- intoxication
- murder
kidnapping, rape, murder
A _____ encompasses anything that endangers life or health, gives offense to the senses, violates laws of decency, or obstructs the reasonable and comfortable use of property.
nuisance 342
Anyone who maintains, permits, or allows a public nuisance will receive a notice for _______, which means ending or eliminating the nuisance.
abatement 342
If a person fails to abate a nuisance, they are guilty of a _______.
Misdemeanor 342
Courts routinely find that illegal massage parlors constitute a _______ subject to ______ or other remedies.
nuisance, abatement 342
Traffic violations are usually ____ liability offenses that, in most jurisdictions, are criminal in nature.
strict 343
________, which can be defined a voluntary and wanton disregard for the safety of persons or property. This offense requires a purpose or willingness to commit an act as a free agent, but does not require an evil intent. The 4 elements are:
reckless driving:
- consciousness of one’s conduct
- the general intent to do or omit the act in question
- realization of the probable injury to another
- reckless disregard for the consequences 344
3 Elements of hit and run:
- involvement in an accident resulting in injury or death of a person or damage to a vehicle
- failure to stope and furnish information about one’s identity and that of the vehicle
- failure to render assistance to any person injured and give immediate notice of the accident to the police 344
The 3 elements of a DUI:
- the defendant operated a motor vehicle on a roadway within the jurisdiction of the court.
- the operation occurred while they were under the influence of an intoxicant, narcotic, or hallucinogenic to the extent that his or her normal facilities were impaired; or
- operation occurred while they were driving with a blood or breath alcohol above .08 %
345
The crime of ________ occurs when an individual is driving under the influence and by reason of the operation of a motor vehicle, causes the death of a human being. The 3 elements are:
DUI Manslaughter:
- someone was killed by the defendant’s vehicle.
- while the defendant was under the influence of alcohol or another intoxicant or drug.
- and either the defendant’s faculties were impaired or he or she had an unlawful BAC. 345
The crime of ______ is the killing of a human being by the operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm to another.
vehicular manslaughter 345
Under federal law the following 3 categories of items are classified as firearms:
- any weapon, including a starter gun, that can, is designed to, or may readily be converted to expel a projectile by the action of an explosive.
- the frame or receiver of any such weapon
- any firearm muffler or firearm silencer 348
One of the prohibited weapons named by federal legislation, such as rifles with conspicuous pistol grips, pistols with shrouds, and shotguns with a higher ammunition, is known as an __________.
assault weapon 348
What act was known as the first major piece of legislation to regulate traditional firearms such as rifles, pistols, and shotguns.
the Firearms Owners Protection Act of 1986
348
The term ______ commonly refers to sexually explicit material that falls outside the protection of the 1st Amendment and therefore may be punished under a criminal statute.
obscenity 350
3 parts to the obscenity test:
- Whether an average person, applying contemporary community standards would find that the work as a whole, appeals to prurient interest.
- Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law.
- Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. 351
Under common law and early statutes, indecent exposure was referred to as ____.
lewdness 353
