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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 |