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Flashcards in Unit 7 Deck (43):
1

_______ 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

2

at common law, _______ offenses included unlawful assembly, rout, riot, disorderly conduct, and vagrancy.

breach of peace 340

3

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

4

a _____ is an attempted riot. It requires a specific intent to riot; however, the conduct falls short of a riot.

rout 340

5

a _____ is an unlawful assembly that fulfills the participants' common purpose of violently breaching the peace and terrorizing the public.

riot 341

6

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

1. engages in fighting, or threatening, or in violent or tumultuous behavior;
2. makes unreasonable noise or offensively coarse utterance, gesture, or display, or addresses abusive language to any person present; or
3. creates hazardous or physically offensive condition by any act that serves no legitimate purpose of the actor. 341

7

The largely outdated crime of ______ historically was vaguely defined as being idle, or wandering, without a visible means of support.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

8

which of these examples are mala in se crimes:

-gambling
-kidnapping
-rape
-intoxication
-murder

kidnapping, rape, murder

9

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

10

Anyone who maintains, permits, or allows a public nuisance will receive a notice for _______, which means ending or eliminating the nuisance.

abatement 342

11

If a person fails to abate a nuisance, they are guilty of a _______.

Misdemeanor 342

12

Courts routinely find that illegal massage parlors constitute a _______ subject to ______ or other remedies.

nuisance, abatement 342

13

Traffic violations are usually ____ liability offenses that, in most jurisdictions, are criminal in nature.

strict 343

14

________, 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:

1. consciousness of one's conduct
2. the general intent to do or omit the act in question
3. realization of the probable injury to another
4. reckless disregard for the consequences 344

15

3 Elements of hit and run:

1. involvement in an accident resulting in injury or death of a person or damage to a vehicle
2. failure to stope and furnish information about one's identity and that of the vehicle
3. failure to render assistance to any person injured and give immediate notice of the accident to the police 344

16

The 3 elements of a DUI:

1. the defendant operated a motor vehicle on a roadway within the jurisdiction of the court.
2. 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
3. operation occurred while they were driving with a blood or breath alcohol above .08 %

345

17

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:

1. someone was killed by the defendant's vehicle.
2. while the defendant was under the influence of alcohol or another intoxicant or drug.
3. and either the defendant's faculties were impaired or he or she had an unlawful BAC. 345

18

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

19

Under federal law the following 3 categories of items are classified as firearms:

1. 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.
2. the frame or receiver of any such weapon
3. any firearm muffler or firearm silencer 348

20

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

21

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

22

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

23

3 parts to the obscenity test:

1. Whether an average person, applying contemporary community standards would find that the work as a whole, appeals to prurient interest.
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law.
3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. 351

24

Under common law and early statutes, indecent exposure was referred to as ____.

lewdness 353

25

The term _____ refers to sexually explicit material generally protected under the 1st Amendment.

pornography 350

26

_______ is the repeated intentional act of exposing one's genitals to an unsuspecting stranger or strangers, for the purpose of achieving sexual excitement.

Exhibitionism 354

27

The _______ is a federal act that prohibits the knowing transportation in interstate or foreign commerce of any individual, male or female, with the intent that such individual engage in prostitution or in any sexual activity.

Mann Act 355

28

A person is guilty of _____ when he or she offers to pay another (as a customer) or to receive payment from another (as a prostitute) for sex.

solicitation 355

29

_______ consists of either procuring a female for a place of prostitution OR procuring a place for a prostitute to ply her trade.

pandering 357

30

The principle difference between pimping and pandering is that a _______ solicits patrons for the prostitute and lives off her earnings, whereas a _______ recruits prostitutes and sets them up in business.

pimp, panderer n 357

31

The offense of patronizing a prostitute is a ________

Misdemeanor 358

32

Unlawful sexual intercourse that is considered by both parties and is committed under circumstances not constituting adultery is termed ________

fornication

33

Betting and wagering are used interchangeably, and they apply only to forms of gambling that are not _______.

lotteries 360

34

_________ is the charge when the controlled substance is recovered on the defendant's person.

Actual Possession 378

35

_________ of an illegal item occurs when the item is in a place immediately accessible to the accused and he or she is able to exercise "dominion and control" over it.

Constructive Possession 378

36

_____________ is a drug offense that may be proven circumstantially by proof of a monetarily valuable quantity of drugs, possession of manufacturing or packaging implements, and the activities or statements of the person or persons in possession of the substance.

possession with intent to deliver 382

37

___________ is defined as the voluntary transfer of a controlled substance from one person to another. This, like possession, can be proven constructively, as well as through the actual delivery of the controlled substance.

Delivery of a controlled substance 384

38

_______ is an agreement between 2 or more people to commit a criminal or unlawful drug-related act, or to commit a lawful drug-related act by criminal or unlawful means.

drug conspiracy 385

39

_______ is an action done in public that manifests the intent to engage in illegal drug activity. Proof of the presence of a controlled substance, its possession, or its delivery _____ required for proof.

is NOT 385

40

Every state prohibits the transportation of a controlled substance in a vehicle, which is the offense of _______ .

drug transportation 386

41

A person _______ be sentenced for both cultivating and possession of the same plants.

can NOT;

Note: the prosecution must chose one or the other to prosecute. 387

42

Drug addiction is a disease, which cannot be punished criminally under the ____________ clause of the ___________.

cruel and unusual punishment, 8th Amendment 387

43

In 1919 Congress passed the _________, which contained the enforcement procedures needed to implement prohibition.

Volstead Act 389