chap 9

Question 1

Obscenity

Answer 1

Obscenity, when identified by a state, can be punished as a crime.
Defining obscenity, however, has been the subject of many court rulings and debates.

Question 2

In general, freedom to use obscenity is not protected by the First Amendment when:

Answer 2

The communication is described in an offensive manner with depictions of explicit sexual acts.
Portrays sexual conduct in a patently offensive way
The communication has no redeeming social
value (literary, scientific, or artistic value

Question 3

Public Nuisance Laws

Answer 3

intended to insure public safety and public order.
Some regulations include:
Laws on loud noise
Nuisance speech
Riots

Question 4

The “Clear and Present Danger” Test

Answer 4

The test used to judge government restrictions on speech.

ex: shouting bomb on a plane

Question 5

fighting words

Answer 5

words that incite violence or breach the peace

Question 6

Symbolic Speech

Answer 6

Nonverbal expressions that convey a belief or idea.

Symbolic speech that is disruptive can reasonably be controlled

Question 7

the First Amendment not protected

Answer 7

Actions that have a purpose other than/beyond communication of an idea or belief are not protected by the First Amendment.
ex: wearing a ninja mask to scare others

Question 8

A true threat def.

Answer 8

a serious expression of an intent to inflict bodily harm.

Question 9

Some identified true threats include:

Answer 9

Threats against public officials
Threats by schoolchildren against teachers or other students
Terrorist threats
Violations of restraining orders
Using the U.S. mail, telephones, the internet, or email to threaten another person

Question 10

Obstruction of the Law Enforcement Process

Answer 10

There are a number of ways that the crime of obstruction can be committed, including:
Obstruction of a crime scene
Failure to identify a known offender
Failure to identify oneself when there is a legal obligation to do so

Question 11

stalking

Answer 11

Stalking has become a serious problem in the United States and Europe.
Often stalking involves offenders who had a previous relationship with the victim.
Stalking has now been made criminal in most states

Question 12

city street laws

Answer 12

Anti-cruising laws
Truancy arrests or detentions
Juvenile curfew laws
Laws directed at homeless persons
Stalking

Question 13

applicable Gun Ownership

Answer 13

right to bear arms is applicable with both federal and state

Question 14

gun registration laws

Answer 14

govt. may not outlaw completely, ownership and possession of firearms.
regulation of ownership/possession of firearms is permitted.

Question 15

Right of Privacy in constitution

Answer 15

the us const. has no explicit right to privacy, but is implied in the 14th amendment.

Question 16

only defense to slander

Answer 16

the truth.

Question 17

use immunity

Answer 17

allows that the statements made by the witness may not be used in subsequent prosecutions.

a witness can be prosecuted for the crimes which they testified if other evidence is used to convict them

Question 18

corpus delict

Answer 18

In all criminal cases, the government must prove that the crime charged was committed (corpus delicti) and that the defendant was party to the crime (committed the crime or was an accomplice).

Question 19

transactional immunity

Answer 19

Total or full immunity for the criminal offense

Question 20

coercion

Answer 20

A person who forces (coerces) another to commit a crime can be charged and convicted of the crime committed in addition to other offenses.

Question 21

immunity

Answer 21

exemption from penalties, payments

exemption from legal requirements, granted by authorities or statutes.

Question 22

Dual Sovereignty Doctrine

Answer 22

A doctrine that different governments may each file separate criminal actions for the same criminal act.

Question 23

necessity

Answer 23

A defense to criminal prosecution on the grounds that the harm to be avoided outweighed the harm caused by the crime committed. Necessity will not justify taking another person’s life.

Question 24

duress

Answer 24

A defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act.

Question 25

entrapment

Answer 25

The defense that a law enforcement officer used excessive temptation or urging to wrongfully induce the defendants to commit a crime they would not have ordinarily committed.

Question 26

“dual sovereignty” doctrine

Answer 26

A doctrine that different governments may each file separate criminal actions for the same criminal act

Question 27

double jeopardy

Answer 27

when the defendant has been tried before on the same charge, and acquitted.

Question 28

affirmative defense

Answer 28

Exists when the defendant generally admits to the crime but demonstrates an acceptable defense such as:
entrapment or duress

Question 29

mistake of law

Answer 29

A claim by a defendant that the defendant did not know the action taken violated the criminal law.

Question 30

statutes of limitations

Answer 30

statute that sets the maximum time the government has to prosecute a violation of a criminal law.

Question 31

capital punishment

Answer 31

Inflicting deadly injury as punishment for criminal conduct.

Question 32

aggravating circumstances

Answer 32

any fact or circumstance that increases the severity or culpability of a criminal act.
ex: Repeat Offenses, Vulnerability of Victim, lack of remorse

Question 33

recidivist

Answer 33

One who is a habitual criminal.

Question 34

sanctuary

Answer 34

In the Middle Ages in England, a sanctuary was a religious place where criminals could take refuge. The concept of sanctuary later broadened to include asylum for refugees

Question 35

cruel and unusual punishment

Answer 35

a limitation on punishment for criminal conduct

Question 36

Procedural due process

Answer 36

A claim under the Fourteenth Amendment that there is an absence of fair procedures regulating state conduct
Requires a fair hearing.

Question 37

forfeiture

Answer 37

Going back to early English law, the concept and use of seizing the property that was used to commit a crime

Question 38

Benefit of Clergy

Answer 38

A medieval limit on capital punishment. People convicted of a capital crime entitled to claim the benefit of clergy (by the fifteenth century, anyone who could read) could not be executed for their offense. By the end of the eighteenth century, the privilege had been eliminated for most crimes.

Question 39

“three strikes” laws

Answer 39

Laws that impose increased penalties for multiple felony convictions

Question 40

Corporal punishment

Answer 40

Inflicting nondeadly physical injury as punishment for criminal conduct.
Ex: Whipping or dismemberment

Question 41

Substantive due process

Answer 41

A claim under the Fourteenth Amendment that state conduct is so brutal, demeaning, and harmful as to shock the conscience.

Question 42

mitigating circumstances

Answer 42

Factors that lessen the severity or culpability of a criminal act
ex: age, mental/emotional disturbance, no criminal record, mental retardation

Question 43

Proportionality Principle

Answer 43

Compares the gravity of the offense and the severity of the penalty to sentences imposed for other crimes and to sentencing practices in other jurisdictions.

Question 44

Corporal Punishment in Prisons

Answer 44

prison inmates have none of the “community and legal constraints” that provide safeguards against the sort of abuses the Eighth Amendment prohibits.

Question 45

capital punishment is constitutional if:

Answer 45

The victim dies

Question 46

capital punishment does not count with:

Answer 46

in individual crimes such as: rape
underage (18) when the crime happened
insane at the time of execution/mental retardation
rape of child where child does not die

Question 47

death penalty moratorium concerns:

Answer 47

innocence
racial bias
effects on victims’ families

Question 48

Imprisonment as Punishment

Answer 48

Juveniles may not be sentenced to life without the possibility of parole
Offenders may not be imprisoned beyond the statutory maximum period solely because of inability to pay a fine.

Question 49

Monetary fines

Answer 49

Monetary fines payable by the convicted offender are frequently used.
In most states, the maximum fine for any designated criminal act is set by statute.

Question 50

PA 3 strikes

Answer 50

Pennsylvania has two- and three-strikes laws that mandate minimum terms of 10 and 25 years, respectively.

Question 51

pa 3 strikes felonies

Answer 51

If the defendant has two previous “serious” felony convictions, a life sentence is mandatory

Question 52

serious felony vs non serious felony

Answer 52

Serious felonies: rape and murder, burglary, and other thefts.
nonserious felonies: petty theft or even possession of a minor amount of drugs for personal use.