Criminal Law: Chapter 12: Crimes Against Public Order and Morals

crimes against public order

formerly called "bad manners" crimes; today called "quality of life" crimes; they include public drinking, aggressive panhandling, harassment, graffiti and vandalism, and street prostitution, among others

order

acting according to ordinary people's standard of "good manners"

liberty

the right of individuals to come and go as they please without government interference

disorderly conduct crimes

offenses against public order and morals

Grading: misdemeanor

actual disorderly conduct

breach-of-the-peace misdemeanor that includes fighting in public and making unreasonable noise

constructive disorderly conduct

conduct that "tends to provoke or excite others to break the peace"

elements of disorderly conduct

1. fighting in public

2. making "unreasonable noise" or using "abusive language"

3. creating a "hazardous or physically offensive condition" such as strewing garbage, setting off "stink bombs," or turning off lights in crowded public places

"quality of life" crimes

"bad manners" crimes that threaten to disrupts public order

broken-windows theory

theory that minor offenses or disorderly conduct can lead to a rise in serious crime

vagrancy

the ancient crime of poor people wandering with no visible means of support

Will be unconstitutional if they are void for vagueness, overbroad, or target status

Many jurisdictions have replaced vagrancy statutes with more precise loitering statutes

loitering

Criminal act: loitering, wandering, remaining

Criminal intent: specific/purposely to gamble, beg, engage in prostitution

Attendant circumstance: in a specified location

Constitutional challenges: void for vagueness, targets status

Grading: misdemeanor or infraction/violation

panhandling

Begging

Criminal act: asking individuals for money

Criminal intent: general/knowingly

Attendant circumstance: in an aggressive manner or in a way that blocks public access

Constitutional challenge: 1st amendment

Grading: misdemeanor, infraction/violation

Sit-lie Laws

Criminal act: sitting or lying down

Criminal intent: strict liability

Attendant circumstance: between certain times of day, in public, on a sidewalk or a street

Constitutional challenges: 1st Amendment, 8th Amendment (cruel and unusual punishment)

Grading: misdemeanor, infraction/violation

Unlawful Assembly

Criminal act: assembling or meeting

Criminal intent: specific/purposely to commit breach of the peace or some other unlawful act

Attendant circumstance: size of the group. Could be 2, 3, 5, or some other specified number

Constitutional challenges: void for vagueness, overbroad, 1st Amendment

Grading: misdemeanor

types of forums

1. public forums - almost unlimited forums

2. designated public forums - can restrict

3. nonpublic places - government can restrict greatly constitutional freedoms like speech

elements of a time, place, and manner test

1. they're not based on the content of the speech

2. they serve a significant government interest

3. they leave open other channels of expression

Failure to Disperse

Criminal act: failing to disperse

Criminal intent: general intent/knowingly

Attendant circumstance: after being ordered to disperse by a peace officer/public servant, size of the group which could be 2, 3, 5, or some other specified number

Constitutional challenges: void for vagueness, overbroad, 1st Amendment

Grading: misdemeanor

Riot

Criminal act: group commission of an unlawful act of violence/lawful act in a violent manner

Criminal intent: specific intent/purposely to commit/facilitate a felony or misdemeanor, or prevent official action, or general intent/knowledge that anyone plans to use a deadly weapon, or strict liability depending on the jurisdiction

Attendant circumstance: size of the group which could be 2, 5, 6 or some other specified number

Factual/legal cause of harm: public terror and alarm

Grading: misdemeanor, or felony if firearm is used, or property damage/physical injury caused

Criminal Gangs

Gang participation is criminalized, and/or a sentencing enhancement for committing misdemeanor or felony with the specific intent/purposely to benefit or further the interests of the criminal gang

Gang Participation

Criminal act: actively participating in a criminal gang and promoting/assisting in commission of a felony

Criminal intent: general/knowingly that members of the gang engage in a pattern of gang activity

Constitutional challenges: void for vagueness, overbroad, 1st Amendment

Grading: felony

Civil Gang Control Statute

Allows an individual/state agency to sue a gang or gang member for damages

Based on the gang/gang member's intimidation or infliction of physical injury

victimless crimes

crimes involving willing adult participants who don't see themselves as victims

injunction to abate public nuisances

court orders to eliminate the particular nuisance

Drug Crimes

Criminalized: manufacture, cultivation, possession, sale, use

Drug schedules: federal government and states categorize illegal drugs in schedules, based on harmful qualities and potential for abuse. Schedule 1-most harmful/addictive

Grading: varies-felony to infraction/violation depending on drug and crime

Modernization: rehabilitation rather than incarceration for nonviolent offenders, lower penalties for marijuana possession, and legalization of marijuana for medical use

Constitutional challenge: legalizing marijuana for medical use may violate the supremacy clause as it is criminal to possess/use under federal law

civil gang injunctions

A court order that prohibits gang members from associating with each other or assembling in areas frequented by criminal gangs

Based on the civil tort of public nuisance

prostitution

Criminal act: offering, agreeing, engaging in sexual conduct for money/anything of value

Criminal intent: strict liability or general intent/knowingly

Grading: misdemeanor, with sentencing enhancements for habitual offenders, prostitution that occurs near a school, juvenile prostitutes

Pimping

Criminal act: receiving anything of value from a prostitute

Criminal intent: general intent/knowingly

Grading: misdemeanor or felony, sentencing enhancements for use of intimidation or force, juvenile prostitute

Pandering

Criminal act: procuring an individual to commit prostitution

Criminal intent: specific intent/purposely

Grading: felony, sentencing enhancement if pandering occurs near a school

"quality of life crimes" refer to laws that are meant to control bad behavior in what location

public places

laws targeting poor people's behavior, and the attitudes behind them, began to change during

The Great Depression

courts began striking down vagrancy and loitering laws because they violated what doctrine

void for vagueness

issues that states can control in relation to panhandling

time, place, and manner

1st Amendment rights are virtually unrestricted where

streets or sidewalks

to deal with gang problems, many cities have utilized the civil remedy of an injunction to abate

public nuisances

the term "victimless crime" usually only applies to the conduct of who

adults