Criminal Law: Exam 3 (Pt. 2)

-Blackmail --_____- a threat by a private citizen seeking hush money, or payment, to remain silent about a crime or a shameful act --Today this crime is labeled extortion in many jurisdictions, and the crime of blackmail does not exist in those jurisdictions --Involves the threat to do something that the threatener has a legal right to do --Specific combination of elements - use the threat of public shame to obtain something desirable - constitutes the crime of black mail -Bribery --_____- payment by a person to a public official in order to gain an advantage that the person is not otherwise entitled to; both parties are guilty of the crime --_____ ____ v. ______- defendant found guilty of extortion, involved circumstances similar to bribery 11.3 Forgery and Uttering -Forgery is a common law crime that has been codified in most states -______- making or altering a writing, with the purpose of deceiving or injuring, in such a way at to convey a false impression concerning its authenticity -Person commits forgery who, with intent to defraud, makes, possesses, or utters written instrument in such a manner that it purport to have been made: by another person, at another time, with different provisions, by authority of one who did not give authority -Occurs when a person signs a name other than his/her own on a writing and claims that the signature belongs to the other person; by signing a writing by using a fictitious or assumed name; by falsely signing a credit charge or sales slip; or by falsifying a money order -Person who uses trick or artifice, or other fraudulent devices to procure a genuine signature on a writing that has legal significance is guilty of forgery -As long as the writing, if taken as genuine, would have the affect to defraud - forgery -______- presenting a forged writing and attempting to use it to deceive or cheat --Person who merely has a forged writing in his or her possession is not guilty of forgery until he or she "utters" it, or attempts to pass it off -Intent required for forgery is the intent to defraud, or with the "purpose to deceive or cheat another person or entity out of his or its legal due". The intended act does not need to be successfully completed for the intent element to be satisfied -_____ ______- creating a document that is not authentic --If a writing is full of false statements, the author is not guilty of forgery but of fraudulent making --If a document is full of truths but is signed by a person using another person's name without permission the writing is forgery

Blackmail, Bribery, United States v. Tillem, Forgery, Uttering, Fraudulent making

-Traffic Violations --_____ ______- causing the death of a human being by reason of operation of a motor vehicle while under the influence of alcohol or drugs ---Elements: (1) someone was killed by the defendant's vehicle, (2) while the defendant was under the influence of alcohol or another intoxicant or drug, (3) and either the defendant's faculties were impaired or he or she had an unlawful blood alcohol level --____ ______- killing of a human being by the operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm to another ---Occur when one drives in the commission of an unlawful act, no amounting to a felony, and with gross negligence ---Offense requires proof of death as a result of the operation of a motor vehicle in a reckless manner --_____ ______ ---Elements: (1) driver of a motor vehicle essentially uses the vehicle as the murder weapon and, (2) with deliberation and premeditation and with malice aforethought, (3) drives over or strikes a person with the specific intent of killing him or her -Weapons Offenses --An underage possessor; the use of an illegal or legal but unregistered weapon; the location where the weapon was discovered, such as in one's vehicle or on one's person, w/o permission to carry a weapon there; the possession of transportation of an explosive, firearm, or ammunition, with intent that it be used or with knowledge that it may be used to commit a crime; placing another person in fear of a harmful weapon; offensive bodily contact with a weapon; using a firearm as a weapon (such as a club), whether it is loaded or not --______ v. ______- (1969) illustrates the different ways in which weapons offenses may be used to prosecute defendants --Regard to weapons offenses, an unintended killing is one that results from the reckless or criminally negligent use of a firearm. Such a killing constitutes manslaughter. Examples: ---Defendant points a gun that he believes to be unloaded at another person and pulls the trigger, causing the gun to be discharged and resulting in the other person's death ---A hunter shoots and kills another person, believing him to be an animal ---A defendant shoots at the occupants of a boat and so terrifies them that they overturn the boat and are drowned

DUI Manslaughter, Vehicular Manslaughter, Vehicular Homicide, Figueroa v. Kirmayer

-Weapons Offenses --______ ____ _____ _____- guns, swords, bowie knives, pocket or folding knives, chisels (when used for stabbing), large stones or rocks, heavy iron weights, heavy pistols (when used for clubbing), automobiles --______- any weapon that can, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer --____ ______- one of the prohibited weapons named by federal legislation, such as rifles with conspicuous pistol grips, pistols with shrouds, and shotguns with a higher ammunition capacity ---Federal law has 3 basic definitions of assault weapons: (1) a list of specific assault weapon models, (2) a list of duplicates, (3) a generic, all-included category that covers certain assault weapon characteristics ---Assault weapon legislation, which began with a 1989 CA law and culminated in the Federal Crime Act of 1994, marked a new trend in firearms law - Act made it unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon --Firearms Owners Protection Act of 1986 (National Firearms Act - NFA) ---Comprehensively amended the Gun Control Act of 1968, the first comprehensive federal statute regulating commerce in firearms. Regulates traditional firearms such as rifles, pistols, and shotguns. NFA firearms must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) and are subject to regulation ---For a conviction under the NFA, the prosecution must prove that the violation was willful or intentional - government must prove that the defendant voluntarily and intentionally violated a known legal duty --State Firearms Laws ---Vary from state to state, but most states have constitutional provisions guaranteeing the right of its citizens to keep and bear arms ---Almost all states restrict possession of firearms by convicted felons

Deadly or Dangerous Weapons, Firearms, Assault Weapons

--______ Possession ---Even when there is actual possession, most states require that a "knowing" state of mind (mens rea) accompany the act of possession ---To be lawfully convicted, the accused must know (be consciously aware) that they are in possession of the substance and must know that the substance is of a contraband (illegal) nature. Even if the accused is not actually knowledgeable about the illegal character of the item, many states will uphold a conviction if there is sufficient circumstantial evidence indicating that the accused was aware of the presence of the contraband and knew or should have known that the item possessed was a controlled substance ---____ _____ v. ______- Defendant's knowledge of a fact may be inferred from his willful blindness to the existence of the fact - found guilty. Possession and distribution of cocaine - said didn't know what was in the packages ---____ _____ v. ______- defendant convicted of "knowingly" transporting marijuana in his car form Mexico to the US. The defendant testified that he did not know that the marijuana was present, although he knew of the presence of the secret compartment and had knowledge of facts indicating that it contained marijuana. Found the defendant's "deliberate ignorance" equally as culpable of the crime as positive knowledge of the presence of marijuana would have been --Irrelevance of ______ ---Conviction for simple possession of a controlled substance does not require possession of any minimum amount of the drug ---_____ v. _____- defendant convicted of possession of a controlled substance. It referred to the rule that one cannot be found guilty of possession when there are only trace amounts of only drug "lint" or "dust," but explained that this rule was inapplicable to this case. The reason was that the cocaine was found on an implement that is usable only for the obviously knowing use of the drug --Possession with Intent to Deliver ---______ ____ _____ ____ _____- a drug offense that may be proven circumstantially by proof of a monetarily valuable quantity of drugs, possession of manufacturing or packaging implements, and the activities or statements of the person or persons in possession of the substance ---Possession with intent to sell is treated as a felony under both federal and state statutes

Knowing, US v. Civelli, US v. Jewell, Amount, Jones, v. State, Possession with intent to deliver

--Possession with Intent to Deliver ---______ v. ______- Courts must be careful to preserve the distinction and not to turn every possession of a minimal amount of a controlled substance into a possession with intent to deliver without substantial evidence as to the possessor's intent above and beyond the possession itself. Convictions for possession with intent to deliver are highly fact specific and require substantial corroborating evidence in addition the the mere fact of possession ---Obtain a conviction for possession with intent to sell, the state must prove that the defendant intended to sell controlled substances to another person or persons, either immediately or at some time in the future ---Evidence of intent to sell must be sufficiently compelling that the specific criminal intent of the accused may be inferred from conduct in which the intent to transfer the drug to others is a clearly indicated logical probability ---_____ v. ______- Court found that there was not enough evidence to infer the specific criminal intent to deliver as required by statute. The intent to deliver did not follow as a matter of logical probability -Other Drug Offenses --Delivery of a controlled substance ---______ __ __ _____ _____- the transfer of a controlled substance from one person to another ----Can be proven constructively and actual delivery ----Delivery statutes geared toward the suppliers of controlled substances ----Controlled Substances Act attaches the same felony penalties to delivery as it does to possession with intent to deliver ---______ _____ _____- a substance representing a controlled substance in its nature, packaging, or appearance, which would lead a reasonable person to believe it to be a controlled substance ---Often a person engaged in selling controlled substances is also charged with the crimes of possession, possession with intent to deliver, and conspiracy, b/c there is a group effort to distribute the controlled substances

State v. Brown, State v. Davis, Delivery of a controlled substance, Simulated controlled substance

-Temperance and Prohibition --Prohibition was in part a response to high levels of alcohol production and consumption and to social problems relating to drinking and alcoholism ---Enforcement proved to be a national scandal that gave rise to bootleggers and gang wars, police corruption, speakeasies, and general disrespect for law and order --____st Amendment repealed prohibition --Congress established the ____ _____ _____ _____ (FACA) to regulate alcoholic beverage industry -Changing Views on Alcohol Use and Abuse --FACA today is an agency of the Department of the Treasury, responsible for enforcing laws concerning liquor taxes and penalties for unauthorized commerce in alcohol --____ ____ ____- legislative acts that impose strict liability on the seller of intoxicating beverages when the sale results in harm to a third party's person, property, or means of support --20th century focus on alcoholism was treatment based on the view that the fault is in the person, not the bottle, and that alcoholism afflicts individuals based on vulnerability--genetic, biochemical, psychological, or social/cultural --Drug/Alcohol Treatment was a sentence condition for 41% of adults on probation, and 32% of adults on probation were subject to mandatory drug testing --Alcohol is often associated w/ a wide range of criminal offenses --Prior to 1980, drunk driving was seen not as a serious criminal problem, but as a behavior associated with drinking problems -Drunk Driving Offenses (Driving under the Influence) --____ _____- the offense of driving while drunk, known as DWI (driving while intoxicated), DUI (driving under the influence, of alcohol or drugs), DWAI (driving while ability is impaired), or DUBAL (driving with an unlawful blood alcohol level) --______ - (being under the influence) occurs when a person has ingested enough alcohol (or other drug) so that his or her physical and mental control is diminished or judgment and ability to operate a motor vehicle are adversely affected to some degree

21, Federal Alcohol Control Administration, Dram shop acts, Drunk driving, Intoxication

Questions: Identify elements of reckless driving: a) consciousness of one's conduct b) realization of the probable injury to another c) the general intent to do or omit the act in question d) regard for the consequences of the act e) actual commission of injury to another Identify elements of a hit and run case: a) failure to stop and furnish information about one's identity and that of the vehicle b) assisting injured persons in an accident that is caused by an individual c) giving immediate notice of an accident to the police d) failure to render assistance to any persons injured e) involvement in an accident resulting in injury or death of a person Identify the penalties a person can receive if they drive with a suspended license: a) additional suspension b) impounding of the vehicle c) casual warning for a law enforcement officer d) probation Identify the elements of driving under the influence: a) the operation occurred while the defendant was driving with a blood or breath alcohol concentration above a prohibited level b) the operation occurred while the defendant was under the influence of an intoxicant c) the defendant operated a motor vehicle on a roadway within the jurisdiction of the court d) the operation occurred when the person was involved in an accident resulting in injury or death of a person e) the operation occurred when the person was aware of the probable injury to another

A, B, C A, D, E A, B A, B, C

Questions: Identify the facts that must be established by the prosecution in a case of embezzlement. a) The property actually belongs to someone b) The property is legally transferred to a defendant c) The property is not lost or abandoned d) The property cannot be positively identified Identify a true statement about the crime of false pretenses a) it is not a statutory offense, unlike embezzlement b) it involves inducing the owner of a property to pay w/ both possession of and title to the property c) it primarily occurs when someone refuses to report a crime in exchange for monetary benefits d) it requires that there be no specific intent to defraud the owner of a property A relationship between the defendant and the stolen goods such that it is reasonable to treat the extent of the defendant's dominion and control over the property as it it were actual possession is termed _______ _________. When a perpetrator obtains only the possession of a property and not title, the crime committed is ______. a) larceny by trick b) bribery c) whistleblowing d) false pretenses

A, C B Constructive Possession A

Questions: Identify the elements of the crime of false pretenses a) Intent to legally deprive the owner of his or her property b) the use of force or coercion to steal someone's property c) the making of a material misrepresentation of fact d) intent to defraud the owner of a property Identify a true statement about the crime of receiving stolen goods a) the defendant should have misappropriated funds entrusted to him b) the defendant must not have acquired the possession of stolen goods c) theft is not an element of receiving stolen goods d) the prosecution has to prove that the defendant did not steal goods Identify the elements of the common law crime of extortion a) an amount of unlawful fee taken by a retired public officer b) an amount of unlawful fee taken by a public officer c) an amount of unlawful fee taken under a legal bonding d) an amount of unlawful fee collected under color of office T/F: A person who merely has a forged writing in his or her possession is not guilty of forgery.

C, D C B, D True. A person who merely has a forged writing in his or her possession is not guilty of forgery until he or she "utters" it, or attempts to pass it off

Questions: The offense of reckless driving requires __________. a) intent and the actus reus of committing a crime b) a willingness to commit an act as a free agent c) an evil intent d) ignorance of the law Identify the elements of a DUI manslaughter: a) the defendant failed to stop and furnish information about his identity and that of the vehicle b) the defendant had the general intent to do or omit the act in question c) the defendant was under the influence of alcohol or another intoxicant or drug d) someone was killed by the defendant's vehicle e) either the defendant's faculties were impaired or he or she had an unlawful blood alcohol level Identify the elements of vehicular homicide: a) deliberation and premeditation b) malice aforethought c) a degree of negligence d) breath alcohol concentration above a prohibited level e) use of a vehicle as a murder weapon Identify a true statement about driving under the influence. a) a defendant can be charged w/ DUI if he was in actual physical control of the vehicle at the time it was stopped b) a defendant cannot be charged if he was on the driver's seat but was not driving the vehicle c) a majority of the DUIs are tried before a jury of people in positions of authority d) most of the DUIs are charged as petty offenses

B C, D, E A, B, E A

Questions: Identify the conducts that are illegal under the Comprehensive Drug Abuse and Prevention Act or the Uniform Controlled Substances Act. a) unknowingly possessing a controlled substance b) manufacturing or delivering a controlled substance c) creating, delivering, or keeping with intent to deliver a counterfeit substance d) seeking buying, or selling drugs prescribed by authorized physicians Which of the following is true about the current drug use? a) the use of inhalants and of the synthetic drug Ecstasy has increased among youth b) illicit use of prescription psychotherapeutics has decreased among adolescents c) the rate of drug abuse violations remains low d) illicit use of anabolic steroids has decreased Identify a true statement about the Marijuana Tax Act of 1937. a) it was also known as the Federal Pure Food and Drug Act b) it imposed taxes on marijuana and penalized its use and distribution c) it was intended to legalize the medical use of marijuana d) it required persons dealing in cocaine to register with the government and pay a tax A goal of the Comprehensive Drug Abuse and Prevention Act of 1970 was to a) complement the new federal narcotic and dangerous drug legislation b) list the narcotic and non-narcotic general depressant c) abolish the laws of the several states on drug use d) avoid imposing the laws of the federal government on drug use on the states

B, C A B A

Questions: Identify true statements about the modern statutes relating to bribery. (Check all that apply.) a) They extend the crime of bribery only to the party that accepts the bribe. b) They deal only with the most blatant and specific attempts of those with money to influence governmental actions. c) They extend the crime of bribery to include both the party who offers the bribe and the party who receives it. d) They require only the intent and not the actus reus to be present for prosecution. Identify an example of a recipient of a quasi-bribery. a) Law enforcement officer b) Representative of a labor organization c) Managing director of a financial firm d) Plaintiff of a civil suit Identify the elements required for common law perjury. (Check all that apply.) a) Made to resist unlawful arrests b) Made in a judicial proceeding regarding a material matter c) Made without sincere belief in its truth d) Made to attempt to influence, intimidate, or impede any juror Identify a true statement about the term nexus requirement. a) In order to show intent, a defendant must be an officer of a law enforcement agency. b) In order to show intent, a defendant's obstruction of justice must have a relationship with the legal proceedings against him or her. c) In order to show intent, a defendant must have both the mens rea and actus reus to commit a felony. d) In order to show intent, a defendant must have indulged in insider trading of a firm. -______ contempt- a fine or imprisonment for a specified period of time -______ contempt- a fine or imprisonment for an indefinite period of time until the party in contempt agrees to perform his or her legal obligation

B, C B B, C B Criminal, Civil

Identify the types of situations that qualify as obstruction of justice. (Check all that apply.) a) Resisting arrest b) Impeding the administration of justice c) Attempting to influence a juror d) Fleeing from a crime scene to avoid being arrested Identify the elements required for proof of subornation of perjury. (Check all that apply.) a) Perjury was committed by the accused b) The perjured statements were procured by the accused c) Proof that there was a combination or conspiracy d) Perjury in fact e) Proof that the suborner knew or should have known that such oaths or testimony would be false Identify the circumstances under which a person can be convicted of the crime of obstruction of justice for suppressing evidence. (Check all that apply.) a) The person has knowledge of a pending grand jury investigation. b) The person willfully conceals or endeavors to conceal documents from a grand jury. c) The person willfully makes false statements in a judicial proceeding. d) The person attempts to influence or impede any juror regarding the discharge of his or her duties. According to the Model Penal Code (MPC), a person commits a(n) _____ if he or she compounds a felony. a) larceny b) embezzlement c) misdemeanor d) arson Resisting arrest- physical, verbal; pulling away, shooting

B, C B, D, E A, B C

Questions: Identify a finding of the U.S. Bureau of Justice Statistics date on current drug use. a) illicit use of pain relievers has diminished among the youth b) illicit use of anabolic steroids has decreased c) the rate of drug abuse violations remains high d) the use of inhalants has reduced among youth In the content of the statutes on the use of cannabis, the USSC ruled in 2005 that the a) due process clause of the US Constitution allows the use of marijuana for medicinal purposes b) clauses of the 8th Amendment to the US Constitution make it legal to use marijuana c) commerce clause of the US Constitution allows the government to ban the use of cannabis d) clauses of the 4th Amendment to the US Constitution allow the possession of cannabis Identify a true statement about the Compassionate Use Act (CUA) a) it does not grant immunity form arrest for the crimes of possession and cultivation of marijuana b) it does not provide an affirmative defense to prosecution for the crime of possession c) it specifies an amount of marijuana that a patient can possess or cultivate d) it states that the marijuana possessed by a patient must be sold or distributed The CA legislature enacted the ______ to clarify the scope of the application of the Compassionate Use Act and facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution of these individuals and provide needed guidance to law enforcement officers. a) National Drugs Campaign b) Drug Free Communities Program c) War on Drugs campaign d) Medical Marijuana Program

C C A D

Questions: Identify the elements required to convict a person of lewdness under common law: a) consciousness of one's conduct b) reckless disregard for the consequences c) in the presence of another d) intentionally, indecently, and offensively exposing the sex organs Identify the revisions under the Child Protection Act of 1984 that extended criminal sanctions for child pornography: a) raised the age of protected persons to 15 b) eradicated former obscenity test requirements c) made only some forms of child pornography illegal d) eliminated the requirement that child pornography distribution be undertaken for commerce e) raised the age of protected persons to 18 T/F - In Utah, the three basic offenses related to prostitution are aiding prostitution, exploiting prostitution, and aggravated exploitation of prostitution. Identify the elements of adultery: a) where one party is in a lawful marriage b) cash transaction in exchange for sex c) procuring of prostitutes d) by persons not married to each other e) voluntary sexual intercourse

C, D B, D, E True A, D, E

Questions: Addiction to drugs cannot be penalized criminally under the _____. a) the clause of the Fifth Amendment to the U.S. Constitution that prohibits double jeopardy b) impartial jury clause of the Sixth Amendment to the U.S. Constitution c) clause of the Fourth Amendment to the U.S. Constitution that grants freedom from unreasonable seizures d) cruel and unusual punishment clause of the Eighth Amendment to the U.S. Constitution Federal Alcohol Control Administration (FACA) is an agency of the Department of the _____, responsible for enforcing laws concerning liquor taxes and penalties for unauthorized commerce in alcohol. a) Homeland Security b) Health and Human Services c) Justice d) Treasury In the 1930s, U.S. Congress established the _____ to regulate the alcoholic beverage industry. a) National Institute on Alcohol Abuse and Alcoholism b) National Organization on Fetal Alcohol Syndrome c) Federal Alcohol Control Administration d) World Health Organization True or false: In criminal law, voluntary intoxication is no defense against crimes of general intent.

D D C True. In criminal law, voluntary intoxication is no defense against crimes of general intent, but may operate to disprove the existence of mens rea necessary for crimes of specific intent.

Questions: At the federal level, cannabis per se has been made criminal by the implementation of the. _________. a) Marijuana Tax Act b) Anti-Drug Abuse Act c) Federal Pure Food and Drug Act d) Controlled Substances Act In 1996, the California electorate approved Proposition 215 and adopted the _____, which provides an affirmative defense to prosecution for the crimes of possession and cultivation of marijuana. a) Harrison Narcotics Act b) Compassionate Use Act c) Marijuana Tax Act d) Anti-Drug Act In response to the problems and uncertainties in the Compassionate Use Act, the California legislature enacted the _____. a) War on Drugs campaign b) Drug Free Communities Program c) Medical Marijuana Program d) National Drugs Campaign Identify a true statement about the American Indian Religious Freedom Act Amendments passed by the U.S. Congress in October 1994. a) It penalized peyote use by Native Americans under the federal Controlled Substances Act. b) It provided uniformity in the varying state laws governing peyote use by Native Americans. c) It penalized Native Americans under the federal Controlled Substances Act. d) It prohibited the use of peyote by Native Americans for their religious purposes.

D B C B

15.7 Escape -_____- a crime that occurs when a person who is lawfully detained or imprisoned leaves custody before he or she is entitled to freedom by due process of law -A person is guilty of this crime, if without lawful authority, he or she commits one of the following acts: (1) removes or attempts to leave official detention and/or (2) fails to return to official detention following a temporarily granted leave -Covers individuals who escape while in the custody of a police officer, a jail or lockup, or any type of correctional facility -Prosecution must prove that the person was actually under arrest. If the arrest was not completed, such as due to resistance, the accused is not guilty of the crime of escape. An accused who flees just as he or she is about to be arrested or placed in handcuffs has not escaped within the meaning of the statute -One important exception to the elements that form the crime of escape can be found in cases that have interpreted escape statutes to exclude inmates who escape custody as the result of reasonable fears for their safety while incarcerated -Generally, court decisions that have precluded convictions for escapes in these types of situations have required the escapees to turn themselves in to authorities within a reasonable time after the escape -_____ v. _____- (1978) defendant claimed that he escaped from prison b/c he had been previously gang-raped by 6 inmates and was again being threatened by inmates who demanded sexual favors. He claimed he reported the attack to prison officials, but nothing was done to protect his safety. At trial, the judge excluded all evidence pertaining to gang rape, and the defendnat was convicted. Appealed, conviction was reversed on the gounds that the defendant should have been allowed to introduced evidence in support of his defense. Thus, the courts have recognized that an accused may be justified in escaping a correctional facility when he or she reasonably fears for his or her physical safety 15.8 Contempt of Court -____ ___ ____- any affirmative act or omission that obstructs justice or attempts to negate the dignity and authority of the court --Courts may cite or issue summonses to individuals for contempt and civil disobedience of court orders, disruption of court proceedings, and other affronts to the courts' dignity and authority --Contempt is generally divided into 4 categories: direct contempt, constructive or indirect contempt, criminal contempt, and civil contempt

Escape, People v. Trujillo, Contempt of court

Chapter 11 - Crimes against Property: 11.1 Forms and Variations of Theft -Theft --______- a broad category of misconduct against property that includes the crimes of larceny, embezzlement, theft by false pretenses, shoplifting, robbery, and receiving stolen goods --_____ _____- the felonious taking of property valued above a set monetary amount, or the theft of a motor vehicle. More serious than petit or petty theft --____ ___ _____ ____- the misdemeanor taking of property under a set monetary amount. Less serious than grand theft --_____- the original unlawful taker or the property of another person; common ingredient in all theft crimes; the intent to deprive the owner of his or her property is not required for all theft crimes --_______ v. _______- (1981) reporter parked his vehicle on an interstate highway in anticipation that it would be stolen so that he could film the theft in progress. A court found that this did not mean that he consented to having his vehicle stolen. Since the reporter neither suggested the theft to anybody nor urged the defendant to commit it, and since the criminal plan originated with the defendant, the court considered this case held that the car was indeed stolen -Larceny --____- the taking and carrying away, of the property of another, without consent, with the purpose of stealing or permanently depriving the owner of possession --Property taken: (1) must be tangible, or concrete, such as a ring or a check; (2) must have value; and (3) must have an owner --Owner of the property must be able to positively identify the property as his or hers, such as by providing the serial number for a stolen item, identifying unique marks or scratches on the item, or otherwise proving that he or she owns it --Prosecution must establish that the owner of the property did not give the defendant permission to take the item. Prosecution must show that the defendant possessed the specific intent to permanently deprive the owner of the property, not merely to borrow it temporarily --______ v. ____ _____- (1986) if the owner of the property gives the possessor permission to use the property and the possessor misappropriates or steals it, the crime is not larceny --$1,000 less misdemeanor and petit larceny; greater than $1,000 felony and grand larceny

theft, grand theft, petit or petty theft, thief, Quarterman v. State, Larceny, Fussell v. United States

Questions: Identify the conditions dictated by courts that obligate a "finder" to return a property to its owner. a) The item can be easily given back to the owner b) the item is intangible c) the owner of the property can be identified d) the owner of the property must be living in the said property e) the item has substantial value John borrowed Jason's car, which Jason agreed to lend him for an hour. John returned the car to Jason after a day. Is John guilty of unauthorized use? a) Yes, b/c John exceeded the consent given by Jason b) No, b/c John used the car w/ Jason's consent c) No, b/c John did not intend to deprive Jason of his car permanently d) Yes, b/c John did not own the vehicle he was riding Identify the elements of larceny. a) taking of property of another b) dangerous driving causing death c) carried out with the purpose of causing bodily harm d) carried out without consent e) the taking and carrying away Identify an element of embezzlement a) Passing of the title of ownership to another b/c of misrepresentation b) The misappropriation of the property of another c) Acquiring possession of property that has been stolen d) Taking control of another's vehicle w/o authority

A, C, E A A, D, E B

Identify the acts that are committed by a person guilty of the crime of escape. (Check all that apply.) a) Attempting to leave official detention b) Leaving official detention after being granted leave c) Impeding or obstructing of the due administration of justice d) Failing to return to official detention following a temporarily granted leave Identify the main reasons for ongoing disagreement regarding resisting unlawful arrests. (Check all that apply.) a) The unlawfully arrested individual has other recourses post-arrest for wrongful arrest. b) The accused rarely knows at the time of the arrest whether it is lawful or not. c) The individual who is arrested has no other legal remedies except resisting the arrest. d) Resisting against arrest is obstruction of justice, whether it is lawful or not. If an individual shows contempt and civil disobedience of court orders, disruption of court proceedings, and other affronts to the courts' dignity and authority, the court may _____. a) detain the individual b) charge the individual with a felony c) issue summons to the individual d) prosecute the individual An offense that occurs when someone refuses to report or prosecute a felony in exchange for a benefit or reward of some value is called _____. a) misprision of a felony b) whistleblowing c) witness tampering d) compounding a felony Anna was ordered by the court to refrain from contacting her boyfriend, who obtained a restraining order. Anna continued to stalk and contact her boyfriend against the court's order. Anna's action exemplifies _____. a) compounding b) direct contempt c) misprision of a felony d) constructive contempt

A, D A, B C D D

Questions: Which of the following are the bases for the classification of drugs as controlled substances? a) potential for abuse b) half-life of the chemicals c) age of users d) probability of creating dependence e) medical use Which of the following are the examples of stimulant drugs? a) Ritalin b) Demerol c) Nicotine d) Caffeine e) Morphine Psychoactive drugs are generally classified according to _______. a) their principal or usual effects on human beings b) the age of their users c) the half-life of the radioactive chemicals used in them d) their organic contents A feature of the Harrison Narcotics Act of 1914 was that it _______. a) required persons dealing in narcotics or cocaine to register with the government and pay a tax b) imposed taxes on marijuana, declared cannabis a narcotic, and penalized its use and distribution c) was intended to prohibit the use and sale of narcotics d) was similar to the Federal Pure Food and Drug Act

A, D, E A, C, D A A

-Drugs and Religious Freedom --Employment Division, Department of Human Resources of Oregon v. Smith (1990) - USSC held that Native American religious use of peyote was not to be afforded 1st Amendment protection under the Free Exercise Clause. Court rejected the claim by Native Americans that the religious basis for their use of peyote placed them beyond the reach of a criminal statute directed at use of peyote for nonreligious purposes --Congress passed the American Indian Religious Freedom Act amendments in October 1994 which stripped Smith of its authority over peyote use in Native American religious ceremonies ---Federal exemption served two important functions: (1) it provided uniformity in the varying state laws governing peyote use by Native Americans and (2) it exempted native Americans from penalty under the federal Controlled Substances Act, as well as under any state statutes that criminalized peyote use 14.3 Drug Offenses -Both federal and state systems have set up two penal categories for controlled substances: offenses involving possession and offenses involving the sale, distribution, and manufacture of controlled substances -Possession --The offense of (mere, simple, or straight) possession of a controlled substance is the most common criminal drug charge. Actus reus of the crime of criminal possession is the actual or constructive possession of a controlled substance --_____ _____- When the controlled substances is on the defendant's person or in a container that the defendant is carrying --_____ ______- When illegal drugs are in a place immediately accessible to the accused and subject to his or her domination and control (include guns, stolen goods, other contraband) ---Does not require actual physical possession, but only that the accused be in a position to move the illegal substance from one place or another or have a knowing ability and intend to do so ("guide its destiny") ---Prosecution can prove constructive possession even if more than one individual had the ability to exercise dominion and control over the illegal substance ---_____ v. ____ _____- defendant was convicted of possession of heroin on the theory of constructive possession

Actual Possession, Constructive Possession, Wheeler v. US

-Adultery, Fornication, and Illicit Cohabitation --Common law, adultery and fornication were not crimes unless the conduct was open and notorious --_____- sexual relations with someone other than a spouse when the person is married ---Elements: (1) voluntary sexual intercourse, (2) by persons not married to each other, and (3) where one party is in a lawful marriage --______- voluntary, unlawful sexual intercourse under circumstances not constituting adultery --Crimes are misdemeanors, if they are treated as crimes at all. Some states, fornication is no longer a recognized offense by adultery is - truly no longer enforced -Sodomy and Related Offenses --Modern law, sodomy required an act of deviate sexual intercourse, which under most statutes occurred whenever a male penetrated his penis into the anus or mouth of another male or female person. Under most statutes, also, deviate sexual intercourse occurred whenever a male penetrated the vagina of a female animal or the anus of a male or female animal --______- the unlawful sexual penetration of the anus of one person by the penis of another --Some status punished sodomy even if it was a consensual act between consenting adults in the privacy of their bedroom --_____ v. _____- (2003) declared state sodomy laws to be a violation of due process

Adultery, Fornication, Sodomy, Lawrence v. Texas

--The War on Drugs ---Although enactment of anti-drug laws, drug use increased from the 1960s until 1980 ---President Reagan launched the "War on Drugs" in the 1980s ----Belief that the nation should take a punitive approach to the possession and sale of illicit drugs. Was an attempt to create a uniform scheme for identifying, regulating, and prohibiting the use and possession of potentially dangerous drugs. Federal funds for drug treatment programs were reduced, and tough mandatory sentencing were passed for possession of relatively small amounts of cocaine and other drugs ---_____ ____ _____ ____ of 1986 - enhances penalties for drug use and distribution with weight-based minimums, extending civil liability to small-time offenders -Current Drug Use --Although use of the majority of illicit drugs has decreased since the highs of the 1970s, the following drug trends are apparent: ---Number of DEA MDMA (Ecstasy) cases and arrested declined between 2007 and 2014, although there was a slight increase in arrests and cases opened between 2012 and 2014 ---High levels of controlled prescription drug abuse. The number of individuals reporting current CPD abuse is 2nd only to marijuana and is more than those reporting abuse of cocaine, heroin, methamphetamine, MDMA, and PCP combined ---Illicit use of anabolic steroids have varied from year to year ---Marijuana use has increased since 2007. 2013 19.8 million users; 2007 14.5 million users -Current Drug Policy --War on Drugs didn't work - criminalization was not the way instead served mainly to create enormous profits for drug dealers/traffickers, overcrowded jails, corruption among police and other govt. Employees, and distorted foreign policy, and urban areas harassed by street-level drug dealers and terrorized by violent drug gangs --Racial disparities with War on Drugs regarding use, arrest, and convictions of possession and distribution of illegal substances --Blacks 13.4 times more likely to be arrested and prosecuted for drug violations --_____ _____- Advocacy for changes in drug policies: legalization, reduction of criminal sanctions for drug-related crimes; HIV/AIDS-related interventions: needle exchange programs, HIV prevention programs; broader drug treatment options, including methadone maintenance by primary care physicians; drug abuse management for those who wish to continue using drugs; ancillary programs such as support and advocacy groups --Medical cannabis - (also referred to as medical marijuana) is the use of cannabis and its constituent THC as a physician-recommended form of medicine or herbal therapy

Anti-Drug Abuse Act, Harm reduction

-Nuisances --Criminal prosecution is one remedy for a nuisance, the most common approach is through a civil action on behalf of the community, either for damages or to abate the nuisance ---Ex: Disorderly houses, manufacturer or storage of explosives, nuisances in streets or highways, liquor nuisances, crack houses --______ v. ____ _____ ____- (1986) some laws provide that buildings may be declared either public or private health nuisances. Solicitation for prostitution was taking place in a NY adult bookstore and, under court order, the premises were declared a nuisance and closed for one year. Nuisance law "sought to protect the environment of the community by directing the sanction at premises knowingly used for lawless activities." --Behavior w/ serious criminal implications is sometimes charged as a nuisance and prosecuted through civil courts so that it can be prosecuted with the lowered burden of proof found in civil courts --______ v. ______- city of San Jose, CA obtained an injunction against members of an alleged criminal street gang under the provisions of CA's civil public nuisance statutes. The CA Supreme Court upheld the injunction, rejecting the claims that the court order violated the defendant's constitutional rights -Traffic Violations --Strict liability offenses that are criminal in nature --Carry light penalties - fines, order to attend traffic school, or possibly jail time --_______- exists to ensure a safe and orderly flow of traffic on streets and highways --_____ _____- driving w/ voluntary and wanton disregard for the safety of persons or property ---Requires a purpose or willingness to commit an act as a free agent, but does not require an evil intent. ---It includes the elements: consciousness of one's conduct, the general intent to do or omit the act in question, realization of the probable injury to another, reckless disregard for the consequences

Arcara v. Cloud Books, Inc., Gallo v. Acuna, Speeding, Reckless Driving

-Drunk Driving Offenses (Driving under the Influence) --_____ Levels ---Level that determines when a driver is legally drunk is almost uniform across the country at 0.08%; a few states retain a 0.10% ---Uniformity resulted from Congress's conditioning receipt of federal funding assistance for local law enforcement on states' acceptance of a 0.08 BAC national standard ---Some states have lowered the BAC specifically for drivers of commercial vehicles --Elements of a _____ Offense ---The defendant operated a motor vehicle on a roadway within the jurisdiction of the court ---The operation occurred while the defendant was under the influence of an intoxicant, narcotic, or hallucinogenic to the extent that his or her normal faculties were impaired; or ---The operation occurred while the defendant was driving with a blood or breath alcohol concentration above a prohibited level --DUI Traffic Stops ---The arresting officer's observations of the erratic operation of the vehicle or the behavior of a driver will often lead to s top for investigation DUI/DWI ---These observations serve as evidence of being under the influence, the second element of a DUI/DWI offense ---After the stop, the officer will take note of the physical appearance of the driver to determine whether he or she may be intoxicated - ask driver questions, observe the driver's demeanor ---____ _____ ___(FSTs) if still suspicious - determination provides the constitutional foundation for a breath, blood, or urine test to determine the driver's BAC --DUI Statutes ---DUI/DWI statutes in most states provide that a driver who is arrested for driving under the influence must submit to a blood, breath, or urine test to determine the blood alcohol level ---Most states base this provision on the theory that by obtaining the privilege of driving, the driver can be "deemed to have given consent" to a chemical test of the level of alcohol when arrested for DUI ---Every state has laws specifying penalties for refusal to submit to a forensic test that detects the presence of a controlled substance ---Include fine and imprisonment, if convicted of DUI, and automatic suspension of driving privileges for one year

BAC, DUI, Field sobriety tests

-Commercial Bribery --Statutory expansion of the crime of bribery --_____ _____- the giving, receiving, or soliciting of anything of value to influence an employee or professional in the performance of his or her duties --Usually to influence the employee to breach their duty to the employer in order to give some undeserved or inappropriate benefit or information to the briber --Kickbacks- transact side deals for payments --Businesses today will give campaign contributions, gratuities, and entertainment of some sort to an entity with the hope of receiving favorable treatment - acceptable --Becomes bribery when there is an _____ between the payer and the recipient that there will be a quid pro quo payoff; in other words, "contributions" become bribery when the briber expects "something for something" --Courts examine acts of commercial bribery under the _____ Act to determine whether commercial bribery may be a combination, a conspiracy, or another illegal action in restraint of trade ---Combination or conspiracy - must be an agreement between two or more independent companies in a bribery scheme. Such a conspiracy negatively affects tree trade if the briber creates a monopoly through payoffs ---Practice occurs often and usually goes undetected 15.3 Perjury -_____- making false statements under oath or affirmation -Common law - it was considered a willfully corrupt sworn statement that was: made w/o sincere belief in its truth and made in a judicial proceeding regarding a material (important or substantive) matter --Had to be proven by the testimony of two witness; today only one witness plus independent corroboration like documents or other evidence that proves that the statement made was false -Proof of the element of intent in a perjury case requires proof that the witness believes that his or her given testimony is _____ -Prosecution carries the burden or proving this falsity beyond a reasonable doubt -At common law, if a false statement did not take place in a judicial proceeding, it was considered a false swearing (only a misdemeanor)

Commercial bribery, agreement, Sherman, Perjury, false

11.2 Extortion, Blackmail, and Bribery -______ law treated extortion and blackmail as separate crimes, whereas modern statutes frequently use the terms interchangeably -Many issues relating to extortion also relate to blackmail and bribery -Extortion --_____- the gaining of property by threat of physical harm to a person or property by a public official under color of his or her office --Has five elements: (1) seeking of an unlawful fee, (2) by a public officer, (3) collected under color of office, (4) where the fee is actually received, and (5) where the fee was taken corruptly --_____ _____ ____ _____ ____ ______- the requirement at common law for the crime of extortion that the action taken by the perpetrator be in his or her capacity as a public official ---Public officials are forbidden from misusing their title and position to obtain services or property to which they are not otherwise entitled --_____ _____ v. ______- (1990) health department officials were guilty of extortion under federal law for exchanging favorable health inspections for money or free food from restaurateurs --Definition of property for purposes of committing modern extortion (and blackmail) is very broad and includes both tangible and intangible property --Property does not need to have actual cash value to be extorted; it can be a particular right belonging to the individual victim --Extortion or blackmail is committed by a threat to do harm in the future; involve a threat to expose the victim's involvement in a crime or a shameful act unless the victim pays money or does some other act

Common, Extortion, Under color of authority or office, United States v. Tillem

-Receiving Stolen Property --_____ _______(drugs) - when illegal drugs are in a place immediately accessible to the accused and subject to his or her domination and control --______ v. ______- (1981) one male defendant and one female defendant were convicted of receiving stolen property, even though only one defendant was present in the trailer when the police discovered stolen property inside. Although the court did not find any evidence that both defendants had actual, physical control over the property, the court held that there was ample evidence that constructive possession existed b/c letters and other items had the defendants' names on them, both male and female clothes were found in the trailer, and there was testimony that both defendants lived in the trailer --______ v. _______- police saw the defendant on top of a stolen truck, attempting to unload stolen cases of beer from the truck, rule that there was enough evidence of the defendant's actions to infer the defendant's intentional control over the stolen truck, which satisfied the requirement of possession - constructive possession can exist when stolen property is in close proximity to the accused --_______ v. ______- defendant found guilty of receiving a stolen car when he rode in a recently stolen vehicle for 2 hours as a passenger. Car was being driven w/o keys and had steering wheel damage, and the defendant attempted to flee from the police. All of these factors indicated that the defendant had knowledge that the car was stolen Classifications of theft -Felony or misdemeanor --What was stolen, what is it worth, where was it stolen --Steal gun, crops, vehicles - grand theft -_____ ____ _____- bubble within immediate control, farther away you are less of it

Constructive possession, Nelson v. State, State v. Bozeyowski, Hurston v. State Dominion and control

Chapter 14: Drugs- and Alcohol-Related Crimes: 14.1 Types of Psychoactive Drugs -_____ _____- any substance that is strictly regulated or outlawed because of its potential abuse or addiction; under federal law any psychoactive (affecting mind of behavior) or bioactive (affecting the body) --Drugs are classified as controlled substances based on medical use, potential for abuse, and probability of creating dependence -______ _____- biochemical standpoint, a drug that has the ability to alter mood, anxiety, behavior, cognitive processes, or mental tension --Psychoactive drugs are generally classified according to their principal or usual effects on human beings -______ --Directly affect the central nervous system and tend to produce arousal, alertness, or excitation --May also reduce fatigue --Ex: amphetamines, methamphetamines, cocaine, nicotine, and the prescription drug Ritalin --_____ cocaine - urban poor, available in strong but small and low-priced doses; crack pipes --_____ cocaine - privileged middle- and upper-class white Americans and is glamorized in and by the entertainment industry -_______ --Drugs that depress or slow down the activity of the central nervous system and tend to produce drowsiness, relaxation, or sleep --Divided into narcotics (drugs derived from opium or opium-like compounds) and non-narcotic general depressants --_____- powerful pain-relieving depressant drugs that may induce sleep and commonly become physically addictive after prolonged use ---Ex: opium, morphine, heroin, and codeine, are derived from unripe poppy seed capsules --Synthetic narcotics include Percodan and Demerol (used for pain relief) and methadone (used to treat heroin addiction) --_____-______ general depressants include alcohol, barbiturates, and tranquilizers such as Librium, Valium, and Xanax

Controlled substance, Psychoactive drug, Stimulants, crack cocaine, powder cocaine, Depressants, Opiates, Non-narcotic

-_____ _____ --Synthetic drugs that mimic the effects of known illegal drugs but are not specifically listed as controlled substances by the Drug Enforcement Administration --Ex: Ecstasy (MDMA) is chemically related to the family of amphetamines and also to mescaline. It was first synthesized in the early 1900s but was not used as a psychoactive drug until the 1970s. In the 1980s, became popular at parties in England and the US. FDA classified it as a controlled substance in 1985, but it has continued to grow in popularity. --Other designer drugs are Rohypnol ("date rape" drug), China White, and New Heroin -______ --Not really classifiable as a psychoactive drug --Consists of natural and synthetic hormones that promote cell and muscle growth. Routinely used for numerous medical purposes --Steroid abuse is commonly found in athletes at all levels, who value the increased strength and athletic performance. But, it an lead to risk of increased blood pressure, fluctuating cholesterol levels, premature baldness, and prostate cancer, among other conditions. Steroid rage is one side effect of steroid use which can lead to aberrant behavior 14.2 History of Drug Legislation in the United States -Drug Use in 19th Century America --_______ ---Was legal to distribute, promote, and sell ---Opium was used to treat everything and used for recreational pleasure ---Morphine used as an anesthetic; used in Civil War - soldiers addicted ---End of 19th century both physicians and general public became concerned about the addictive potential of opiates --______ ---Extracted from coca leaf in 1844 - many patent medicines of the late 19th century contained cocaine like Coca-Cola ---Medical uses included treatment of depression, narcolepsy, and more mundane ailments like hay fever, sinus troubles and runny noses

Designer Drugs, Steroids Narcotics, Cocaine

-____ ____- a criminal form of contempt of court that occurs in the presence of the court when a person resists the court's authority --Contempt is criminal in nature --Ex: The use of profane language to ward an officer of the court --Criminal trial would be unnecessary in this case, b/c the judge would usually be a witness to the contemptuous behavior --The court has the option to impose a fine or imprisonment for a specified period of time --______ v. ______- if the potential punishment for contempt is 6 months or more, the defendant is entitled to a jury trial -______ _____- (indirect contempt) contempt of court that results from matters outside the court, such as failure to comply with court orders --Ex: failure to comply with a judicial order --The judicial officer who issue the order will be called upon to enforce it against a disobedient party --This type of contempt does not present the same issues as does direct contempt b/c it does not attempt to openly disrupt or interfere with court proceedings as they occur -____ _____- an act of disrespect toward the court or its procedures, other than direct contempt, that obstructs the administration of justice --Can be civil or criminal --The penalty for criminal contempt is intended as punishment and is usually a fine or imprisonment for a specified period of time. --Again, if post-conviction contempt proceedings impose sentences exceeding an aggregate of 6 months, a trial by jury is required -____ _____- the failure to do something ordered by the court for the benefit of another party to the proceedings --Penalty for civil contempt is usually payment of a fine or imprisonment for an indefinite period of time until the party in contempt agrees to perform his or her legal obligation

Direct contempt, Bloom v. Illinois, Constructive contempt, Criminal contempt, Civil contempt

--Drug Conspiracy ---_____ _____- an agreement between two or more people to commit a criminal or unlawful drug-related act, or to commit a lawful drug-related act by criminal or unlawful means --State must show than an agreement existed, that the defendant had knowledge of the agreement, and that the defendant voluntarily participated in the agreement --Agreement may be inferred from a concert of action, participation from a totality of the circumstances, and knowledge from surrounding circumstances --____ ____ v. ______ (1998) - case demonstrates a drug conspiracy --Drug loitering ---_____ _____- an action done in public that manifests the intent to engage in illegal drug activity ---Proof of the presence of a controlled substance, its possession, or its delivery is not required under most ordinances to support a charge of drug loitering; however, the action must occur in public ---____ ____ ____ v. ______ (1992) - illustrates the elements necessary to sustain a drug loitering conviction --Drug transportation ---_____ _____- transporting a controlled substance in a vehicle; a crime in every state ---Every state prohibits the transportation of a controlled substance in a vehicle --Cultivation of ______ ---Conviction of cultivating, drying, or processing marijuana is a felony punishable by a year or more in prison ---Prosecution must prove that the person: knew plants were growing on his or her property and knew the plants were cannabis ---Person cannot be sentenced for both cultivation and possession of the same plants. Prosecution must elect one crime or the other

Drug conspiracy, US v. Eastman, Drug loitering, City of Tacoma v. Luverne, Drug transportation, marijuana

--Drug paraphernalia ---_____ _____- any equipment, product, or material that is primarily intended or designed for use with a controlled substance, such as bongs, pipes, rolling papers, scales, and hypodermic needles ---Drug paraphernalia charges and convictions are most often obtained when the item or paraphernalia are seized at the same time that drugs such as marijuana or cocaine are seized. Possession of drug paraphernalia is a crime w/o possession of the illegal substance itself -Narcotics or Drug Addiction as a Defense --Narcotics addiction is the repeated or uncontrolled use of controlled substances --Addiction to drugs is a disease, which cannot be punished criminally under the cruel and unusual punishment clause of the 8th Amendment, applicable to the states through the due process clause of the 14th Amendment --______ v. ______- defendant convicted of being a drug addict; instead, a person cannot be punished criminally simply for having the status of drug addict. Addiction is a status and not an act, and to punish an individual for mere status was to inflict cruel and unusual punishment in violation of the 8th and 14th Amendments --____ _____ v. ______- US Court of Appeals affirmed a heroin addict's conviction for possession of heroin; addict can be convicted for possession of a controlled substance, and addiction to drugs is not a defense to the possessory offenses or delivery offenses 14.4 Alcohol Legislation and Offenses -Temperance and Prohibition --End of Civil War, temperance movement gained momentum, and women assumed a prominent role with the founding of the Women's Christian Temperance Union (WCTU) in 1874 --_____th Amendment - prohibiting the manufacture, sale, and transportation of alcohol --1919 Congress passed the ______ Act - contained the enforcement procedures needed to implement prohibition

Drug paraphernalia, Robinson v. California, US v. Moore, 18, Volstead

-Indecent Exposure --Practice this offense are called exhibitionists --______- repeated intentional acts of exposing the genitals to an unsuspecting stranger or strangers for the purpose of achieving sexual excitement --_____ v. ______- (1980) defendant stood behind a storm door in his home, exposing his penis to a woman standing outside. The Supreme Court of Illinois held that his conduct was not private and the defendant could not claim a right of privacy, It held that if a jury found that the defendant exposed his or her body with intent to arouse or to satisfy his or her sexual desire, the defendant could be could guilty of the Illinois Public Indecency Statute -Prostitution, Solicitation, Pandering --______- a crime that is committed when one person agrees to engage in sexual or deviates sexual intercourse in return for something of value, usually money - both parties guilty ---World's oldest profession, statutory crime today - not the sexual act itself but it is the agreement to participate in sexual activity for compensation ---____ ____ is a federal statute that was originally enacted to prohibit: (1) the interstate transportation of any woman or girl for the purpose of prostitution, debauchery, or any other immoral purpose; (2) the interstate transportation of any woman or girl with the intent and purpose to induce, entice, or compel her to become a prostitute, give herself up to debauchery, or engage in any other immoral practice ----An amendment to the act prohibits the knowing transportation in interstate or foreign commerce of any individual, male or female, with the intent that such individual engage in prostitution or in any sexual activity for which any person can be charged with a criminal offense. The conduct constitutes a felony punishable by fine and/or imprisonment of not more than 10 years. In addition, another federal statute prohibits travel in interstate or foreign commerce, or the use of the mails, in aid of state or federal prostitution offenses ---Nevada only state with legal prostitution under certain conditions

Exhibitionism, People v. Garrison, Prostitution, Mann Act

-Traffic Violations --_____ ____ _____- violates the law if he/she is directed to stop by a duly authorized law enforcement officer but willfully refuses or fails to do so. Another violate occurs when a driver stops in compliance w/ the direction of an officer, then willfully flees in an attempt to elude law enforcement --____ ___ ____- Leaving the scene of an accident involving death, personal injury, or property damage ---Elements: involvement in an accident resulting in injury or death of a person or damage to a vehicle, failure to stope and furnish information about one's identity and that of the vehicle, failure to render assistance to any persons injured and give immediate notice of the accident to the police ---Exist to ensure that people will stop, exchange information, and render aid (if necessary) in an event of an accident --Driving with a suspended or revoked licenses ---Departments of motor vehicles notify drivers when their driving privileges have been revoked, suspended, or canceled ---Person caught driving w/ a suspended license may receive an additional suspension of revocation period, or perhaps a stiffer penalty such as jail time or the impounding of the vehicle --______ _____ ____ ______- operating a motor vehicle while under the influence of a substance or with a blood or breath alcohol concentration above a prohibited level ---Elements: (1) the defendant operated a motor vehicle on a roadway within the jurisdiction of the court; (2) the operation occurred while the defendant was under the influence of an intoxicant, narcotic, or hallucinogenic to the extent that his or her normal faculties were impaired; or (3) the operation occurred while the defendant was driving with a blood or breath alcohol concentration above a prohibited level--the current limit for all U.S. states being .08% ---Do not need to be driving, many statutes provide that DUI may be proved if the defendant is in actual physical control of the vehicle at the time it was stopped ---____ _____ _____- legitimate inference that when a DUI defendant places himself behind the wheel, he could start the car and drive away at any time ----Could have fallen asleep at the wheel ---Crime rests upon the defendant's ______ to operate the car while under the influence ---Usually tried by a judge but can be tried by a jury

Failure to Stop, Hit and Run, Driving under the influence, Actual physical control, readiness

-False Pretenses --___ ____- a crime in which title or ownership of the property is passed to the defendant in reliance on the defendant's misrepresentation --Involves the owner's being tricked by misrepresentation into voluntarily transferring title to the property --Technically, there is no taking of the property from the owner, but the owner is nonetheless deprived by illegal means --Strictly a statutory offense --______ v. _______- (1976) market manager observed the defendant switch price tags on merchandise, pay less for the items than they were previously marked, and leave the store. The court found that theft by false pretenses was not committed because the market manager was aware that the defendant had switched the price tags and did not rely upon the defendant's conduct --Elements of false pretenses: the making of a material misrepresentation of fact, with intent to defraud the owner of the property, and thereby inducing the owner to part with both possession of and title to the property --False pretenses is not committed if the defendant only obtains possession of the property and not title. When the perp gains possession alone of the property, the crime is larceny by trick -Receiving Stolen Property --______- acquiring possession, control, or title, or lending on the security of property that has been stolen --______- professional receiver of stolen property --The offense of receiving stolen property has 3 essential elements: (1) the accused bought, received, or otherwise came into possession of the property, (2) the property was stolen, (3) at the time of possession of the property, the accused knew the property had been stolen --Possession is easily shown when the perp is caught in actual physical possession of the property

False pretenses, People v. Lorenzo, Receiving, fence

-____ _____- the giving of a false oath during a proceeding or matter in which an oath is required by law -Modern statutes in some jurisdictions have broadened the offense of perjury so that a false swearing or statement made in any legal setting is perjury, even it if is not material and even though it is not presented in a judicial proceeding, Most jurisdictions require that the matter be material -______- a major aspect of perjury, and the concept rests on whether a witness's false testimony has a natural effect or tendency to influence, impede, or dissuade a jury from making the correct decision -MPC- a person commits perjury "if in any official proceeding he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true" -(1) essential element of perjury is the belief in the accused's mind that the statement is false and (2) the statement must be material -_____ ___ _____- the crime of procuring another person to make a false oath --Common law - anyone who procured the making of false statements or intentionally caused another to commit perjury could be charged with subornation or perjury. Proof of guilt required that the perjurer be convicted of perjury as well as the actor be charged with subornation of perjury. Also required that the perjurer knew or should have know that their actions would be considered perjury --Proof of subornation of perjury requires 3 elements: (1) perjury in fact, (2) the perjured statements were procured by the accused, and (3) proof that the suborner, the person who procures the perjury, knew or should have know that such oaths or testimony would be false -_____ v. ______- (1950) convicted of perjury, conspiracy to commit perjury, and subornation of perjury. Gabe false testimony before a grand jury

False swearing, Materiality, Subornation of perjury, People v. Sharpe

-Gambling --______- the act of staking or risking something of value on the outcome of a contest of chance or on a future event of chance that is not under the gambler's control or influence --Usually involves an agreement that a person will win something based on a certain outcome of events --Ex. track racing, state lotteries, video machines, commercial sweepstakes, gambling tournaments, charity --_____ _____ _____ apply only to forms of gambling that are not lotteries. They are a promise to give something of value upon the determination of an uncertain event, whether or not skills is involved (horse racing) --Gambling is supported by a large segment of the population and many states use lotteries as a legal form of gambling to raise public revenues --Gambling to be illegal, there must be a specific law or ordinance prohibiting it. All states have at least some laws prohibiting gambling and they vary by jurisdiction --Legal in licensed establishments - casinos --State and local governments regulate most gambling activities, several federal statutes also limit gambling --Federal gambling statutes are similar to state statutes but usually target large-scale operations involving a significant amount of money with many individuals working the operation ---Statutes regulate gambling via interstate transportation, wire communications, the U.S. Postal Service, or any other way in which gambling is conducted between the states

Gambling, Betting and wagering

-_________ --Act on the central nervous system to cause visual or auditory hallucinations --Ex: LSD (lysergic acid diethylamide), PCP (phencyclidine), mescaline and peyote (derived from a small cactus, the mescal button), psilocybin (derived from a fungus), and numerous synthetic drugs -_______ --Consists of the dried leaves and "tops" of cannabis sativa, the common hemp plant --Has been classified as a hallucinogen, a stimulant, and a depressant; some argue that it should be in a separate category b/c it does not closely resemble the other types of drugs --Hashish and hashish oil are derivatives of cannabis --_____ ____ ____ ___ _____- made marijuana prescriptions illegal in the US ---Recent arguments for the legalization of marijuana use for (at least) these limited purposes - effectiveness of marijuana for medicinal purposes is widely contested, and efforts to legalize have met with little success ---_______ v. _____ (2005) - USSC upheld the federal ban against medical marijuana use pursuant to the commerce clause, thus striking down the validity of medical use laws in CA and at least eight other states -______ --Classified by their method os use rather than by their effects; have stimulating but very short-lived effects --Include amyl nitrite ("poppers") and nitrous oxide ("laughing gas"); other household chemicals are used as inhalants but are not legally considered drugs ---Bath Salts - high by snorting, swallowing, smoking or injecting; synthetic cathinones that usually take the form of a white or brown crystal-like powder sold in small plastic or foil packages; are highly addictive and have serious health effects but are not classified as illegal under current drug laws. Often sold as "Molly" (MDMA) or Ecstasy

Hallucinogens, Marijuana, Marijuana Tax Act of 1937, Gonzales v. Raich, Inhalants

13.2 Public Morality Offenses -Obscenity --________- sexually explicit material that is generally protected by First Amendment guarantees of freedom of speech and freedom of the press --_______- sexually explicit material that falls outside the protection of the First Amendment and therefore may be punished under a criminal statute ---Punishes the sale, possession, and distribution of obscene material ---Take the form of a book, magazine, newspaper, picture, drawing, photograph, motion picture, statue, or recording --_____ ____ ____ __ _____- prohibited the use of the mail to convey obscene material --Federal Law and Obscenity Tests ---_____ ____ _____ (1868) - made its decision based on the content of isolated passages of the book rather than the book as a whole, and this standard was known as the Hicklin test. 1933 however a federal district court reject the "isolated passages" approach established in Hicklin. Instead, it focused on the dominant effect the entire book would have on the average person ---______ v. _____ (1957) - new test to determine whether material was obscene. Tripartite test - 3 part test, the Court focused on whether an average person, applying contemporary community standards, would think that the dominant theme of the material taken as a whole appeals to one's prurient interest (which means that it ahs a tendency to excite lustful thoughts and its only appeal is to a shameful or morbid interest in sex) ---_______ v. _______ (1966) - Court held that for a book or other publication to be outside the protection of the First Amendment, it must be utterly without redeeming social interest --1973, Court overturned its previous decisions of 1957 and 1966 and abandoned its previous requirement of "utterly without redeeming social value." It established the test that is used today in determining whether material is obscene. The Court provided the following guidelines for determining whether material was obscene: ---Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest ---Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law ---Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value

Pornography, Obscenity, Federal Comstock Act of 1873, Regina v. Hicklin, Roth v. US, Memoirs v. Massachusetts

Chapter 13: Public Order and Safety Offenses: 13.1 Public Order and Safety Offenses -____ ____ _____ ____ _____- offenses designed to protect the general public by dealing w/ behavior that is not necessarily immoral, but nonetheless affects the peace and safety of the community -They are a modern outgrowth of common law crimes aimed at keeping peace that evolved after the onset of the industrial revolution, when lawmakers found it necessary to update the legal approach to addressing such problems. Considered mala prohibita crimes -____ _____- crimes defining conduct that is wrong only because the law says it is wrong, in order to protect the general public. Statutory laws -____ ___ ___- crimes (such as rape and murder) that are inherently wrong. Know it is wrong -Public order and safety offenses do not require a particular ____ ____ in order for a defendant to be guilty. Instead, they are _____ liability offenses --If the defendant committed the actus reus of the crime, his or her mens rea, or intent, to cause harm is irrelevant - if the act is committed, the defendant will be found guilty -In this area, lawmakers generally believe that the need to protect the public from potentially harmful action outweighs the defendant's usual right to a higher standard of blame, especially since the penalties for such offenses are usually light -Offenses that create a public disturbance --At common law, any voluntary action that disturbed a community's peace w/o lawful justification or excuse was considered a crime - categorized as ____ ___ _____ _____ (include unlawful assembly, rout, riot, disorderly conduct, and vagrancy) --____ ______- a gathering together of three or more persons with the common intent to achieve a lawful or unlawful purpose in a tumultuous manner ---The common intent need not have been formed prior to the assembly ---A meeting can begin as a lawful assembly but develop into an unlawful one

Public order and safety offenses, Mala prohibita, Mala in se, mens rea, strict, breach of the peace, Unlawful Assembly

-Obscenity --Obscenity and the Model Penal Code ---MPC - material obscene if its predominant appeal is to a shameful or morbid interest in nudity, sex, or erection; and if, in addition, it goes substantially beyond customary limits of candor in describing or representing such matters. ---Concept of predominant appeal is judged with reference to ordinary adults. An exception occurs when material appears, from its character or the circumstances of its dissemination, to be designed for children or other especially susceptible audiences ---Establishes an affirmative defense to a charge of obscenity if dissemination was restricted to noncommercial dissemination to personal associates of the actor --Obscenity and the Internet ---As part of the Telecommunications Act of 1996, the Communications Decency Act (CDA) of 1996 banned the transmission of obscene materials to minors via broadcast media, including the Internet ---_____ v. _____- (1997) the Court struck down portions of the act as unconstitutional in application. Subsequently Congress enact the Child Online Protection Act (COPA), which sought to remedy the deficiencies of the CDA ---______ v. ______- Court found that COPA was likely to fail a First Amendment challenge ---March 2007 - trial court issued a permanent injunction against enforcement of COPA ---Federal law prohibits the interstate and foreign transportation via common carrier, broadcast, and private conveyance ---____ _____ v. ______- (1996) a couple living in CA was convicted by a Tennessee jury for transmitting obscene computer-generate images to Tennessee via interstate commerce ---____ _____ v. ______- (1995) U.S. Air Force Court of Military Appeals ruled that the electronic transmission of visual images through an online computer service is a statutory violation. The court found that Congress clearly intended to stem the transportation of obscene material in interstate commerce, regardless of the means used to effect that end

Reno v. ACLU, Ashcroft v. ACLU, United States v. Thomas, United States v. Maxwell

--____- an unlawful assembly that is escalating toward, but does not reach, the level of a riot; an attempted riot ---Requires a specific intent to riot and conduct that falls short of a riot ---Today, usually not a separate crime. Instead, it has been either eliminated or merged w/ the crime of unlawful assembly --______- a tumultuous disturbance of the peace by three or more persons assembling together in the execution of a lawful or unlawful act and committing it in a violent and turbulent manner ---B/c of the # of people involved in a riot, the group behavior is potentially more dangerous to the public than any other activity, which poses special problems for law enforcement - have trained riot units and protective riot gear w/ which to handle such occurrences --____ _______- a loosely defined offense addressing behavior that disturbs the safety, health, or morals of others, or that is intended only to annoy another person - Did not exist at common law --_______- a crime that is vaguely defined as being idle or wandering without a visible means of support; no longer a crime in most jurisdictions because of the unconstitutionality of past vagrancy laws ---______ v. ______ ____ _______- (1972) Court struck down the defendants' convictions on charges that stemmed from a fairly typical vagrancy law. Court based its decision on two grounds: (1) the vagueness of the ordinance and (2) the overly broad scope of the ordinance, such that it criminalized many modern innocent activities. After this, many states repealed or revised their vagrancy and disorderly conduct laws -Nuisances --________- anything that endangers life or health, gives offense to the senses, violates laws of decency, or obstructs the reasonable and comfortable use of property --_______- ending or eliminating a nuisance --Fails to abate a nuisance, they are guilty of a misdemeanor

Rout, Riot, Disorderly Conduct, Vagrancy, Papachristou v. City of Jacksonville, Nuisance, Abatement

--Variation in State Laws ---Some states give an accused the right to refuse to take a test for alcohol - a jury can be told to draw a negative inference from a driver's refusal to be tested - presumed to be driving under the influence --_______ v. _______ (1966) - Drawing of blood w/o his permission violated his constitutional rights. Argued that his right to due process, his privilege against self-incrimination, his right to counsel, and his right to be free from unreasonable search and seizure were all violated. Court rejected all these claims and affirmed Schmerber's conviction -Intoxication and Alcoholism as Defenses --Alcohol and drugs have been linked to violent crimes like murder, rape, robbery, and domestic violence - also child abuse and neglect cases --Criminal law, voluntary intoxication is no defense against crimes of _____ intent, but may operate to disprove the existence of mens rea necessary for crimes of specific intent --Since general intent crimes do not require specific intent but can be committed recklessly or negligently, intoxication is not usually a defense to them --Since mens rea is not an element of strict liability crimes, intoxication is not a defense to them - intoxication is not a defense to statutory rape or serving alcohol to a minor --Intoxication may be a mitigating factor reducing for certain crimes --_______ intoxication (being forced or tricked into ingesting an intoxicating substance) will render an actor's conduct involuntary and thereby allow him or her to avoid criminal liability --_____ v. _____- defendant appealed his most recent of (at least) 200 convictions for public intoxication. Fourth Circuit Court agreed that he was a chronic alcoholic and classified alcoholism as a disease. Relying on a liberal interpretation of Robinson v. CA, the court held that is was constitutionally prevented from convicting the defendant for behavior that was "compulsive as symptomatic of the disease" --______ v. ______ (1968) - USSC refused to extend the holding of Robinson to public intoxication --____ ___ ____ ______ v. ______- some states have opted to allow alcoholism as defense to public intoxication charges under their own constitutions, despite the Supreme Court's decision in Powell

Schmerber v. California, general, Involuntary, Driver v. Hinnant, Powell v. Texas, State ex rel. Harper v. Zegeer

-Larceny ----Larceny from a person - statutory offense of taking property from the person of another; the penalty is usually greater than that for simple larceny ---Different from robbery as it requires the additional element of taking by fear or force ---Prevent crimes where there is a greater risk of the victim's being injured because of the close contact between the victim and perpetrator --Shoplifting ---______- a crime defined by a specific theft statute to address thefts of merchandise, concealment of merchandise, altering of price tags, and retail theft ---Willful taking of possession of merchandise of another, without consent of the seller, with the intention of converting the goods and without paying for the goods ---Larceny does not usually cover lost and abandoned property and the crime of joyriding -Lost or Abandoned Property --Lost or abandoned, the issue become who owns the property --_____ ______- property over which a person voluntarily gives up permanent possession or ownership ---"Finder" has an obligation to give the item back to the owner if 3 conditions are met: (1) the owner of the property can be identified, (2) the item can be easily given back to the owner, (3) the item has substantial value - failure to give back the item under these conditions can result in the "finder" being found to be guilty of some form of theft -Joyriding --If a defendant borrows an item and intends to return it to the owner, then larceny has not occurred even if the borrowing was w/o permission --_______- the unlawful taking, using, or operating of a motor vehicle w/o the consent of the owner --_______ use occurs if the defendant has been given consent to drive the vehicle but exceeds that consent, or if the defendant is not driving the vehicle at the time, such as by being a passenger --Usually requires: knowingly takes control, without authority, of another person's vehicle --The state does not need to prove the defendant took the property "without intent to permanently deprive" --______ v. _______- (1976) defendant was convicted of unauthorized use when he sat in the front passenger seat of a stolen car and his companion sat behind the driver's seat, attempting to put a key in the ignition

Shoplifting, Abandoned property, Joyriding, Unauthorized, People v. Roby

-Prostitution, Solicitation, Pandering --_______- the act of offering to pay another, or receive payment from another, for sex ---Purpose is to prevent prostitutes from standing in public places, trying to entice passersby into paying for sex - crime of solicitation punishes both actors ---_____ v. ______- (1985) civilian police volunteer engaged in sexual intercourse with women in order to obtain evidence for their prostitution convictions. The Supreme Court of Hawaii affirmed the convictions of the prostitutes, holding: "While we question whether the actions of [the defendant] Fox and the police in this case comport to the ethical standards which law enforcement officials should be guided by, we cannot say that they constituted outrageous conduct in the constitutional sense. Neither are we able to find a due process violation b/c Fox's conduct, if undertaken by a police officer, would have violated an internal department rule against engaging in sex with a prostitute in order to obtain evidence sufficient for a conviction." -> Although this procedure might be legal, most law enforcement agencies and communities probably would not tolerate it in this day of AIDS and other diseases --_____ ____ _____- if the prospective patron agrees to purchase sexual favors, he or she may bear this criminal responsibility ---Patronizing a prostitute is punishable to the same extent as prostitution, which is usually a misdemeanor --Pimping and Pandering ---_____- promoting prostitution, living off the earnings of prostitutes, and in some cases coercing individuals to work as prostitutes (punished more severely than a prostitute) ---______- either procuring a prostitute for a place of prostitution or procuring a place for a prostitute to engage in prostitution ----Guilty of pandering if no sexual activity has taken place yet ----Difference between pimping and pandering is that a pimp solicits patrons for the prostitute and lives off her earnings, whereas a panderer recruits prostitutes and sets them up in business

Solicitation, State v. Tookes, Patronizing a Prostitute, Pimping, Pandering

-Suppressing Evidence --_____ _____- a crime that occurs when a defendant, or a person working on behalf of the defendant, suppresses (hides), destroys, or refuses to produce evidence relevant to a grand jury investigation --Federal law states that a defendant, to be convicted of obstruction of justice for the concealment of subpoenaed documents in a federal proceeding, must: ---Have knowledge of the pending grand jury investigation. Therefore, concealing or changing documentation after receiving notification of a pending grand jury investigation is a violation of this law ---Know that a particular documents are covered by a subpoena ---Willfully conceal or endeavor to conceal them form a grand jury --_____ _____ v. ______- the 4th Circuit Court upheld a conviction for obstruction of justice where testimony indicated that subpoenaed corporate minutes had been altered after the date of subpoena, and some original minutes remained missing 15.5 Resisting Arrest -_____ _____- physical efforts to oppose a lawful arrest -Since an officer at common law was not authorized to make an arrest without a warrant for a misdemeanor not committed in his presence, a defendant who killed an officer who did not have the right to arrest him or her (and was thus making an unlawful arrest) could claim the lack of a warrant as a partial defense. The result was that the offense would be reduced from murder to manslaughter -MPC and statutes in a number of states specify that an individual does not ever have the right to use force in resisting a law enforcement officer who is making an arrest -_____ v. _______- court affirmed the defendant's conviction of resisting arrest even though it found that the officers had engage in unlawful seizure. The court stated that a defendant could not use physical force to resist by a police officer, whether "authorized or unauthorized...when it reasonably appeared that the individual is a police officer. Thus, even if the underlying charge or seizure is deemed illegal, if the defendant knowingly resists an arrest by a police officer, he is still guilty of resisting arrest

Suppressing Evidence, United States v. Brooks, Resisting arrest, People v. Volition

-Few statutes specify that an individual may not resist an arrest even if the arrest is unlawful -At common law and in those states that still follow the common law rule, however, force is allowed to prevent an unlawful arrest -_____ v. _____ ___ ___- (1900) one of the earliest cases regarding the common law right to resist an unlawful arrest; LE officers attempted to arrest the defendant w/o a warrant and without an official charge being filed against him. Appellate court held that the officer had no right to arrest the defendant without a warrant, but also stated that the defendant had no right to unnecessarily injure or kill his assailant. In the end, the court remanded the case for the correct instructions to be given to the jury and to consider whether the defendant's actions were reasonable under the circumstances -There are two main reasons for this ongoing disagreement regarding resisting unlawful arrests: --(1) the accused rarely knows at the time of the arrest whether is is lawful or not and (2) the unlawfully arrested individual has other recourses or remedies post-arrest, including civil remedies for wrongful arrest 15.6 Compounding and Misprision of a Felony -_____ ___ _____- an offense that occurs when someone refuses to report or prosecute a felony in exchange for a benefit or reward of some value --As a result, the defendant escapes conviction and punishment, which may cause greater harm to society --The essence of the crime of compounding a felony is the making of the unlawful agreement that causes one to decline prosecution -____ ___ ____ ____- the act of failing to report or prosecute a known felony and taking positive steps to conceal the crime --Whoever, having knowledge of the actual commission of a felony cognizable by a court of the US, conceals and does not as soon as possible make known the same to some judge or other person or military authority under the US, shall be fined under this title or imprisoned not more than three years, or both

US v. John Bad Elk, Compounding a felony, Misprision of a felony

--Drug Use and Legislation in the 1950s and 1960s ---1950s organized crime began to play a much larger role in the distribution and sale of drugs ---Heroin addiction increased during this time - especially with youths in inner cities ---1960s drug use expanded from cities to suburbia and the use of heroin by ----US soldiers in Vietnam became a national concern ---LSD became illegal in 1967 b/c of its association w/ a generation whose values at the time were different from the general population. Laws were also created to regulate the availability and use of depressants --The ______ _____ ______ Act of 1970 ---1970 Congress enacted the Comprehensive Drug Abuse and Prevention Act (also called the Controlled Substances Act of 1970). It replaced the 1933 Uniform Narcotic Drug act and the 1966 Model State Drug Abuse Control Act. Majority of states enacted parallel legislation ---1970 Act was revised in 1990 and 1994. ---Goals of the Uniform Act was to achieve uniformity between the laws of the several states and those of the federal government and to complement the new federal narcotic and dangerous drug legislation ---Uniform Act forbids and makes it a crime to engage in the following conduct: manufacture or deliver a controlled (forbidden) substance; posses w/ the intent to manufacture or deliver a controlled substance; create, deliver, or possess w/ intent to deliver a counterfeit substance; offer or agree to deliver a controlled substance and deliver or dispense a controlled substance; possess a controlled substance; knowingly keep or maintain a store, dwelling, building, vehicle, boat, aircraft, or other facility resorted to by persons illegally using a controlled substance; acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge ---Uniform act divides controlled substances in to 5 categories or "schedules", graded according to their potential for abuse, relative physical danger to the abuser, and degree of accepted medical use. Schedule I drugs are most tightly controlled, and possession them results in the severest penalties ---3 criteria for placing a drug into Schedule I a drug must: have a high potential for abuse, have no currently accepted medical use, lack safety even under medical supervision

Uniform Controlled Substances

-Obscenity --Child Pornography ---Protection of Children from Sexual Exploitation Act of 1977 - prohibited the production of any sexually explicit material using a child under the age of 16 if such material was destined for, or had already traveled in, interstate commerce. Violation 10 years in prison and/or $10,000 fine. Applicable to parents or other custodians who knowingly permitted a child to participate in the production of sexually explicit material ---Law revised under the Child Protection Act of 1984 which extended criminal sanctions for child pornography. The 1984 act: eliminated the requirement that child pornography distribution be undertaken for commerce, criminalizing distribution for any reason; eradicated former obscenity test requirements so that any pornography can be prosecuted; raised the age of protected persons to 18 ---____ _____ v. _____ ____ ____ _____- (1989) several pornographic movie producers were charged with violating federal child pornography laws after law enforcement discovered that porn store Traci Lords was only 16 at the time she made many adult movies. In the original trial, the defendants were denied the right to raise the defense and provide evidence that they had a reasonable belief that Lords was actually 18 at the time the movies were made. The Court of Appeals reversed the decision, stating that the defendants have an affirmative defense if they establish by clear and convincing evidence that they did not know, and could not know, that she was not 18 -Indecent Exposure --_____ _____- an offensive display of one's body in public, specially the genitals or the female breasts ---Protect public sensibilities and prevent public lewdness (was referred to as lewdness under common law and early statutes) ---General criminal intent

United States v. United States District Court, Indecent exposure

15.4 Obstruction of Justice -Does not apply to those resisting arrest or fleeing form a crime --Includes: ---Attempt to influence, intimidate, or impede an juror, witness, or officer in any court regarding the discharge of his or her duty ---The actual impeding or obstructing of the due administration of justice --Obstruction of governmental administration or obstruction governmental operations- when a statute addressing this subject encompasses more than interference with police officers and other such administrative officials -Witness Tampering --_____ ______- illegal conduct with the intent to influence witness testimony, such as by approaching a potential witness with threats or other means to prevent the witness from testifying --Laws designed to address actions by organized criminals, who are known for attempting to intimidate witnesses or otherwise influence the outcome of trials and prosecutions --_____ _____ _____ _____ _____- Congress enacted in 1982; addresses a variety of problems faced by victims and witnesses, including harassment and threats form defendants or former criminal associates - through judicial proceedings --Prove witness tampering - ______ has the burden of proving that the defendant knowingly engaged in intimidation, physical force, threats, misleading conduct, or corrupt persuasion with the intent to influence, delay, or prevent testimony or cause any person to withhold a record, object, or document form an official proceeding --A defendant who attempts to frustrate a government plan to infiltrate his or her operation can also fact witness tampering --_____ v. ______- (2000) defendant was convicted of several charges: (1) multiple counts of possession of cocaine with the intent to distribute, (2) distribution of cocaine, and (3) witness tampering ---Indicated the court's intent to broadly apply and even extend the state on witness tampering. Court held the statute to include circumstances that might be interpreted as actions taken by the defendant to prevent and frustrate undercover operations.

Witness tampering, Victim and Witness Protection Act, government, US v. Baldyga

Chapter 15 - Crimes Against the Administration of Justice: 15.1 Obstruction of Justice -(1) Offenses that are committed by citizens who try to disrupt the legal system and (2) offenses that are committed by those in positions of authority, such as govt. officials and law enforcement officers, who injure citizens by abusing their power -Also called crimes against the _______ of justice- any offenses that hinder or prevent the effective operation of the criminal justice system, such as law enforcement, the civil and criminal courts system, and the corrections system -Common Law - crimes of bribery, perjury, resisting arrest, and contempt of court were all recognized as offenses that threatened the administration of justice -Today - many of these crimes have been combined into the single crime of obstruction of justice -_______ ____ ______- that act by which one or more persons attempt to or actually prevent the execution of a lawful process --Crimes Include: ---Bribery and the attempt or conspiracy to commit bribery or extortion ----Bribery - pay off police officer so you're not arrested ----Extortion - threatening to accuse someone of a crime or to file criminal charges unless money is paid ---Perjury, false testimony, and interfering with a LE officer in the performance of his or her official duties like Lying under oath ---Tampering with the jury process, such as by threatening jurors, attempting to harm jurors, or actually causing harm to them or to their families ---Suppressing or refusing to produce evidence relevant to a grand jury investigation, such as by destroying papers or other evidence after receiving notice of such an investigation -These crimes require a particular form of intent -> the intent element of an obstruction of justice offense is referred to as the _____ _____ --_____- means a link or relationship; in legal terms, it means that a defendant's obstruction of justice must have a relationship with the legal proceedings against him or her in order to show intent ---The act must have an effect of interfering with the due administration of justice

administration, Obstruction of Justice, nexus requirement, Nexus

15.2 Bribery -Common Law Bribery --Bribery - voluntarily giving or receiving anything of value as unlawful payment for the commission of an official act --1st English bribery statute in 1384 - judges may not take "robs,, fee pension, girt, nor reward of any but the King, except reward of meat and drink, which shall be no great value" --Founders of the US who wrote the US Constitution determined that ______ and treason constituted serious grounds for the impeachment of a president or any civil officer of the US -Modern Bribery --Bribery- exploitation of public power for personal gain --Modern statutes have extended the crime of bribery to include both the party who offers the bribe and the party who receives it --Modern statutes are balanced to fulfill their aim of controlling undue influence while avoiding a "chilling" or deterring effect on the right of private citizens to properly influence government action --An ideal bribery statute must distinguish between acts of undue influence, which constitute bribery, and _____ acts that are intended to legally influence governmental action --______ v. _____- (2016) USSC reversed bribery conviction of former Virginia Governor Robert F. McDonnell; establishes context for bribery convictions --_____-_____- an extension of the crime of bribery to include people other than public officials whose functions are considered important to the public --Although it has the same essential effect as standard bribery, its recipients are private citizens. Ex: Officers of political conventions, officers or employees of public institutions, and representatives of labor organizations are considered positions important to the public --Bribery forbids not just the result of influencing a public official, but also the act itself, whether the attempt to bribe is successful or not --MPC forbids: (1) LE and public officials to receive gifts from individuals subject to their jurisdiction, (2) a public servant who has the authority and discretion over contracts or transactions to accept or solicit gifts form any person "known to be interested or likely to become interested" in such contract or transaction ---Also forbidden to accept or agree to accept a gift from an individual in one's custody as a prisoner --Bribery overlaps with extortion - threatening a person into paying someone to avoid criminal charges

bribery, appropriate, McDonnell v. US, Quasi-bribery

-Embezzlement --________- the unlawful taking or misuse of property by persons, typically employees, who lawfully come into possession of the property and therefore do not meet the theft or larceny requirement of wrongfully obtaining the property --Embezzlement consists of two elements; (1) the misappropriate (2) of the property of another --The element of theft requiring that the perp have the intent to permanently _____ the owner is not an element of embezzlement. Therefore, an employee who fraudulently "borrows" property entrusted to him or her, but does so with the intent to return it, can still be found guilty of embezzlement --Not a common law crime, but a ______ crime created to resolve common law inadequacies --Created to deal with people, typically employees, who lawfully come into possession of property and then take it for their own use. Unlike the crime of theft by initial wrongful taking, embezzlement involves a violation of ____ --________ is the key element of embezzlement, just as taking is the key element of a larceny --________- the wrongful misuse of taking of another's property that has been entrusted to the accused --Property of another can include real or personal property, securities, or negotiable instruments such as notes that are promises to pay, drafts that are an order to pay, checks that are payable on demand, and certificates of deposit --Same issues that arise in connection w/ larceny also arise in connection w/ embezzlement, such as proving that the property actually belongs to someone, was not lost or abandoned, and can be positively identified --_______ v. _______- defendant a bank teller who took $1,000 from another teller's cash drawer; defendant claimed that since she was not placed in a position of trust over the other teller's drawer, she did not misappropriate the bank's property and thus was not guilty of embezzlement; argued that she could only be found guilty of larceny; court rejected the argument, finding that the defendant was in fact in a position of trust even though she was only indirectly responsible for the cash drawer not assigned to her

embezzlement, deprive, statutory, trust, Misappropriation, Misappropriation, Gwaltney v. Commonwealth

-Drug Legislation from the 1800s to the Present --Drug legislation began at a ______, rather than a national, level - 1875 the City of San Francisco enacted the 1st drug law in the US --Beginnings of Federal Legislation ---1888 federal legislation placed certain restrictions on smoking opium ---1909 smoking opium was banned, but drinking it remained legal ---1906 an attempt to control opiate addiction, Congress passed the _____ ____ _____ _____ ____ ____ which required that product labels specify the amount of drugs (opium, morphine, and heroin) in the product. The same was required for products containing alcohol, marijuana, and cocaine --The _______ ______ ______ of 1914 ---Took effect in March 15, 1915 ---Not intended to prohibit the use or sale of narcotics but was primarily an economic regulation ---Required persons dealing in narcotics or cocaine to register with the government and pay a tax; however, anyone was allowed to engage in such trade ---Act was a response to international pressures to regulate opium trade; law also provided revenue for the federal government - Treasury Department had to enforce the law ---Under the Act, it was still legal to use cough medicine that contained a restricted amount of heroin, and physicians could still prescribe opiate for medical treatment ---______ v. ______ ______ (1919) - USSC held that physicians could not maintain addicts on morphine. Ruled that such prescriptions prolonged addiction and thus could not be considered medical treatment --The Marijuana Tax Act --Use and sale of marijuana was legal in the US until the 1930s --Harry Anslinger, head of the Federal Bureau of Narcotics from its founding in 1930 until his retirement in 1962, led an anti-marijuana campaign that portrayed it as a "killer drug" --With the aid of anti-marijuana stories run in mass circulation newspapers and magazines, including claims that marijuana would lead to the destruction of the youth of America, 46 of 48 states banned marijuana --The Women's Christian Temperance Union and the General Federation of Women's clubs launched campaigns to ban marijuana --First federal law to regulate marijuana was the Marijuana Tax Act of 1937 which imposed taxes on marijuana, declared cannabis (hemp) a narcotic, and penalized its use and distribution --1951, Congress passed the Boggs Act, which made marijuana illegal and also removed heroin from the list of medically useful drugs

local, Federal Pure Food and Drug Act, Harrison Narcotics Act, Webb v. United States