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Criminal Law Final
| Question | Answer |
|---|---|
| Disorderly Conduct | a person is guilty of this if, with the intent to cause public inconvenience, annoyance, or alarm; or he/she does any of the following: engages in fighting, threatening, or violent behavior; or makes unreasonable noise; or uses obscene language/ makes obs |
| Criminal Mischief | a person is guilty of this if he/she; damages tangible property of another in the use of fire, explosives or other dangerous means; or intentionally tampers with tangible property of another so as to endanger persons or property; or intentionally defaces |
| Institutional Vandalism | a person commits this offense if he/she knowingly desecrates, vandalizes, defaces or otherwise damages: any church, synagogue, mosque or any other place of religious worship; or any cemetery, mortuary or other facility used for burial or memorializing the |
| Illegal Possession | a person commits this offense if; with the intent to violate any of the provisions described under institutional vandalism, carries an aerosol spray paint can, broad tipped marker or similar marking device on the property identified in institutional vanda |
| Prostitution | a person is guilty of this if he/she works in house of prostitution or otherwise engages in sexual activity as a business; or loiters in or within view of any public place for the purpose of being hired to engage in sexual activity |
| Driving Under the Influence (D.U.I) | Pennsylvania law states that a person shall not drive, operate, or be in actual physical control of a vehicle when any of the following conditions render the person incapable of safe driving: while under the influence of alcohol; while under the influence |
| Driver | behind the steering wheel and in control of the vehicle; the vehicle must be in motion |
| Operator | behind the steering wheel |
| Actual Physical Control | no need to show motion of the vehicle; it is a catch all when a person is not the driver or operator; the possession of the keys is important |
| Sentence | the judgement pronounced formally by the court and imposed upon a defendant who pleads guilty; has plead nolo contendere; or has been found guilty at trial |
| Guilty Plea | "I committed the crime"; "I am guilty" |
| Nolo Contedere | it is not strictly a guilty plea but rather a statement by the defendant that he/she will not contest or fight the charges brought by the government; there is no admission of guilt; however for sentencing purposes it is the same as a guilty plea |
| Determinate Sentence | the legislature has set the type and length of sentence for each crime, leaving the judge little or no discretion |
| Concurrent Sentence | sentence may overlap with another for a period of time; an individual convicted of more than one offense may serve the sentence for each offense at the same time |
| Consecutive Sentence | sentence runs separately from one (1) or more sentences to be served by the same individual; thus the sentence for the second offense begins after the individual has completed serving his/her first sentence; this process continues until all sentences for |
| Parole | in criminal law, a conditional release from imprisonment which entitles the person receiving the parole to serve the remainder of their term outside the prison if they satisfactorily complies with all terms and conditions connected with the parole agreeme |
| Militia | our founding fathers defined this term as all of the able bodied men of a community; or in other words the general population, to them it did not mean any form of standing army or National Gaurd |
| Gun Control | some kind rule or regulation governing the manufacture, sale, transportation, possession, use of firearms, ammunition and related items |
| Indeterminate Sentence | the sentence decision is up to judge; or sets a minimum and maximum term and permits the judge to set the exact sentence in each case |