Chapter 12: Crimes Against Public Order and Morals Flashcards
crimes against public order
formerly called “bad manners” crimes; today called “quality of life” crimes, they include public drinking, aggressive panhandling, harassment, graffiti and vandalism, and street prostitution, among others
order
acting according to ordinary people’s standard of “good manners”
liberty
the right of individuals to come and go as they please without government interference
disorderly conduct crimes
offenses against public order and morals
actual disorderly conduct
breach-of-the-peace misdemeanor that includes fighting in public and making unreasonable noise
constructive disorderly conduct
conduct that “tends to provoke or excite others to break the peace”
broken windows theory
first espoused by James Q. Wilson and George L. Kelling, the theory that minor offenses or disorderly conduct can lead to a rise in serious crime
vagrancy
the ancient crime of poor people wandering with no visible means of support
loitering
the crime remaining in one place with no apparent purpose
panhandling
stopping people on the street to ask them for food or money
time, place, and manner test
to be constitutional, restrictions on free speech can’t be based on the content of the speech, must serve a significant government interest, and leave open other channels of expression
injunction to abate public nuisances
court orders to eliminate the particular nuisance
civil gang injunction (CGI)
noncriminal lawsuits brought by cities seeking restraining orders to bar gang members from gang activities
victimless crimes
crimes involving willing adult participants who don’t see themselves as victims
e.g. prostitution
prostitution
engaging in sex in exchange for money or its equivalent
