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Criminal Law Test 3
Chapters 9-13
Question | Answer |
---|---|
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 |