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Criminal Law Test 3

Chapters 9-13

QuestionAnswer
The unlawful taking, possession,or use of another person's property without the treat of use of force Property Theft
A trespassory, taking, and carrying away of the property of another with the intent to steal Larceny
Robbery, pickpocket, and purse-snatching are all examples of: Larceny
The taking of property by the threat or future harm Extortion
Also known as "blackmail" Extortion
The misappropriation or conversion of property or money to whom it has been entrusted by its rightful owner Embezzlement
The taking and carrying away of the property of another, from their presence, through force, fear, or threat Robbery
Face to face theft Robbery
Theft with the presence of a weapon, intent to harm, or infliction of actual bodily harm Robbery
Same as robbery, but suspect is armed with a weapon Armed Robbery
Type of Property: Real Sole/Individual
Type of Property: Personal Joint/Husband and wife, family members, business partners, and friends
Type of Property: Right of Possession Property owned by a corporation or business
Ownership and Possession Sole Owner
This law limited theft to tangible personal property Common Law property definition
Freedom of religion and right to assemble First Amendment
Right to bear arms Second Amendment
Prohibits cruel and unusual punishments Eighth Amendment
Words indicating a willingness to fight or challenge someone Fighting words
Who determines the obscenity of words The average person
Not protected by the first amendment Fighting words
This does not apply to words directed at police officers Fighting words
Conveys an unjustly or unfavorable impression Libel
In the form of a written statement or publication Libel
Defamation: Written Libel
Defamation: Oral Slander
A stated expression Slander
Misrepresentation which damages another's reputation Slander
Uniforms, gestures, pictures, armbands, flags/crosses Symbolic Speech
An unlawful attempt to interfere with the administration of the courts, judicial system, and/or law enforecement Obstruction of Justice
Federal/State and/or Felony/Misdemeanor Obstruction of Justice
This type of speech is not protected by the first amendment Obscenity
Speaker intends to incite his audience to action Clear and Present Danger
Speaker urges them to perform immediate, concrete acts of violence or unlawful behavior Clear and Present Danger
The danger of an outbreak appears imminent Clear and Present Danger
Specific, purposeful, and unlawful behavior that tends to cause public inconvenience, annoyance, or alarm Disorderly Conduct
Obscenity, Fighting Words, Inciting or urging unlawful conduct, defamation, and public nuisances are... Not covered by the first amendment
Aggressive panhandling is considered a violation of public order
Procures and provides assistance for prostitutes Pimps
Generally outlawed by state statutes because it encourages and increases the practice of prostitution Pimping
Commits acts of prostitution in order to further a personal goal Opportunistic
Streetwalkers, hustlers, call girls/escorts, and opportunistics Types of Prostitution
Most statutes do not require an establishment of obscenity, only that a child has been subjected to a sexual situation or act Child Pornography
Categorized drugs into 5 different schedules Controlled Substances Act
This act makes it illegal to manufacture, possess, create, deliver or intent to deliver Controlled Substances Act
Defined their offenses and the penalties that went with them Controlled Substances Act
These examples are what?: kingpin statutes, nuisance and drug house abatement, forfeiture, school zone statutes, and loss of financial aid Miscellaneous drug related laws
On the person or within the area of his/her immediate contact and/or reach Actual
Possession that is in direct physical control of the person Actual
Drugs that are immediately accessible or with in his/her control that is not on their person but is easily accessible Constructive
Possession that is not in direct physical control of the person Constructive
These factors determine what: amount of substance, packaging, sale paraphernalia, large sums of cash Possession with intent
"Any equipment, product or material of any kind which is primarily intended or designed for use with illegal drugs" Drug Paraphernailia
The use of force and violence in the pursuit of extreme political, ideological, or religious goals, without regard to the innocent lives that will be lost Terrorism
A means of stiking suddenly Terrorism
Uses the element of surprise Terrorism
Violent acts that would be crimes in the US which are intended to intimidate or coerce a civilian population, influence a government, or affect a government by mass destruction International Terrorism
Acting to overthrow one's government, or in violation of allegiance to one's country Treason
The crime of advocating the forceful overthrow of the establishment government Sedition
Acts that instill fear in a large number of people State Terrorism
An act that affects an individual as to disrupt normal life patterns State Terrorism
A crime that creates a state of extreme fear, dread, or fright State Terrorism
Created out of the wake of the events on 911 U.S. Patriot Act
Premise behind it was to attempt to assist law enforcement to be able to better track and punish those affiliated with terrorism U.S. Patriot Act
Protect property and people against further attack U.S. Patriot Act
An individual against whom an offense has been committed. Definitions can be extended to include immediate family members Victim
aka post-crime victimization Secondary Victimization
All of the issues that occure as a result of the initial crime victimization Secondary Victimization
The right of the victim to be equally represented throughout the criminal justice process Victim's Right
Looks at index crimes, details specific crimes, and outlines crime trends Uniform Crime Report
Victim self reports National Crime Victimization Survery
Managed by the Bureau of Justice Statistics NCVS
Purpose is to get a true estimate of frequency and types of crime that is experienced NCVS
"Dark figure of crime" NCVS
Exclused murder, kidnapping, and arson NCVS
aka Notoriety-For-Profit Laws "Son of Sam" Laws
Ensures that convicted offender's do not further capitalize on their crimes "Son of Sam" Laws
A court requirement that a convicted offender pays money to the victim of the crime Restitution
Supreme court case where man was convicted of obscene symbolism because of his "Fuck the Draft" T-Shirt Cohen v California
Created by: ulmerav91