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Criminal Law CJ 220

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Criminal Law CJ 220. Chapter 12. Crimes Against Public Order and Morals. Andrew ... Criminal law has been used to control public disorder offenses. Vagrancy ... – PowerPoint PPT presentation

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Title: Criminal Law CJ 220


1
Criminal Law CJ 220
Chapter 12 Crimes Against Public Order and
Morals Andrew Fulkerson, JD,
PhD Southeast Missouri State University
2
Conflict in law between order and liberty
  • Order public behavior that complies with
    minimum community standards of behavior.
  • Liberty the right to come and go as we please
    without government interference

3
Individual Disorderly Conduct
  • Breach of the Peace - common law
  • Actual disorderly conduct
  • Fighting in public
  • Unreasonable noise
  • Constructive disorderly conduct
  • Conduct that tends to provoke or excite others to
    breach peace

4
Examples Wisconsin Criminal Code
  • Whoever, in a public or private place, engages in
    violent, abusive, indecent, profane, boisterous,
    unreasonably loud or otherwise disorderly conduct
    under circumstances in which the conduct tends to
    cause or provoke a disturbance is guilty of a
    Class B misdemeanor.

5
Challenges to Old Disorderly Conduct Laws
  • Too broad
  • Vague
  • No mens rea

6
Model Penal Code 250.2 Disorderly Conduct
  • A person is guilty of disorderly conduct if, with
    the purpose to cause public inconvenience,
    annoyance, alarm, or recklessly creating a risk
    thereof, he
  • (a) engages in fighting or threatening, or in
    violent tumultuous behavior or
  • (b) makes unreasonable noise or offensively
    course utterence, gesture or display, or
    addresses abusive language to any person present
    or
  • (c) creates a hazardous or physically offensive
    condition by any act which serves no legitimate
    purpose of the actor.

7
Model Penal Code
  • "Public" means place affecting or likely to
    affect persons in a place that the public has
    access. Includes highways, transport facilities,
    schools, places of business, apartment houses,
    places of amusement, prisons, or any
    neighborhood.

8
Group Disorderly Conduct (Riot)
  • Common law
  • Unlawful assembly
  • Rout
  • Riot

9
Unlawful assembly - elements
  • Group of three or more persons
  • Joined together
  • Purpose of committing an unlawful act

10
Rout
  • Three or more persons actually started toward
    their purpose

11
Riot
  • The group actually committed an unlawful act or
  • Performed a lawful act in a violent or tumultuous
    manner

12
The Riot Act of 1714
  • Felony
  • Group of 12 or more,
  • Unlawfully, riotously and tumultuously assembled,
    and
  • Stayed together after being told to disburse by
    the reading of a proclamation (this is "reading
    the riot act")

13
Model Penal Code 250.1(1)
  • Person participates with two or more in a course
    of disorderly conduct,
  • With purpose to commit of facilitate a felony, or
    misdemeanor
  • With purpose to prevent or coerce official
    action or
  • When person or another participant uses or plans
    to use firearm or other deadly weapon

14
Crimes Against Public Order - Quality of Life
Crimes
  • Public drinking and drunkenness
  • Begging and aggressive panhandling
  • Harassment
  • Graffiti
  • Street prostitution
  • Public urination
  • Unlicensed vending

15
Broken Windows Theory
  • Connection between disorderly conduct and serious
    crime
  • Neighborhoods can decline into disorder and crime
    if no one attends to maintenance.

16
Broken Windows Theory
  • Un-repaired window sends signal no one cares
  • soon more windows broken
  • message is no one is in charge
  • then the street in front of the building
    declines
  • then only the young, criminal or reckless will be
    on the street and in the area.
  • Law abiding will abandon the street to the
    criminals.

17
Broken Windows Theory
  • Small disorders lead to larger disorders.
  • Disorder is a cause of crime
  • Criminal law has been used to control public
    disorder offenses

18
Vagrancy
  • Every state had laws against vagrancy and
    loitering
  • 1941 Supreme Court struck down California law
    that denied entry of paupers into state.
  • 1960s and 1970s courts struck down vagrancy laws
    violated equal protection.
  • Papcihristou v. City of Jacksonville, Supreme
    Court struck down the Jacksonville, Florida
    vagrancy law as void for vagueness and arbitrary
    enforcement. Nearly every city had a similar
    law.

19
Loitering
  • Loitering means to remain in one place with no
    apparent purpose.
  • Kolender v. Lawson, Supreme Court struck down
    California loitering statute as void for
    vagueness.

20
Elimination of Loitering and Vagrancy Laws
  • Reduced means of controlling behavior of poor
  • Combined with de-institutionalization of mentally
    ill
  • Produced growing underclass of street people

21
Regulation of Street People
  • Joyce v. City and County of San Francisco, 846
    F.Supp. 843 (N.D. Cal. 1994)

22
Panhandling
  • Cities became increasingly intolerant of
    aggressive begging
  • These measures derive from ancient laws against
    begging
  • Do not apply to organized charities
  • Illegal for individual to beg for money
  • Legal for Salvation Army to ring bell for
    donations

23
Ordinances Regulating Speech
  • Place where speech takes place
  • Tradititional public forum- Streets, sidewalks,
    parks, people have traditionally expressed their
    views. Speech is unrestricted in these places.
  • Designated public forums Places the government
    chooses to make available to public. More leeway
    to regulate speech.
  • Non-public forums Bus stations, airports,
    railroad stations, shopping malls. Government
    has broad power to restrict speech.

24
Ordinances Regulating Speech
  • First Amendment allows restrictions on time,
    place and manner.
  • Restrictions not based on content
  • Serve significant government interest.
  • Leave open other channels of expression.

25
Ordinances Regulating Speech
  • Non-verbal expression may be regulated more than
    verbal expression.
  • Commercial speech has less protection than other
    forms of speech.

26
Regulation of Speech
  • Gresham v. Peterson, 225 F.3d 899 (7th Cir. 2000)

27
STREET GANGS
  • Gang activity has caused substantial problems in
    many U.S. cities.
  • Loitering
  • Public drug and alcohol use
  • Fights
  • Turf disputes between gangs

28
Laws to Control Street Gangs
  • Enhanced penalties for crimes in gang context
  • Application of organized crime related laws to
    gangs
  • Prohibit gangs from soliciting minors to join

29
Civil Remedies for Gangs Activity
  • Injunction to abate public nuisances (common law
    remedy)
  • A public nuisance is anything that
  • Injurious to public health and safety
  • Indecent or offensive to the senses
  • Interferes with the comfortable enjoyment of life
  • Must affect a considerable number of people

30
Street Gangs
  • People ex rel. Gallo v. Acuna,
  • Chicago v. Morales, 527 U.S. 41 (1999)

31
Criminal Law CJ 220
Chapter 12 Victimless crimes Andrew
Fulkerson, JD, PhD Southeast Missouri State
University
32
Victimless Crimes
  • Application
  • Only to behavior of adults, not minors
  • Only to crimes of adults who do not see
    themselves as victims

33
Victimless Crimes
  • Substance abuse
  • Internet censorship
  • Loitering
  • Prostitution
  • Sodomy
  • Seat belt violations
  • Helmet violations
  • Bans on bungee jumping
  • Assisted suicide

34
Historical background for morals offenses
  • Medieval times- church more powerful than state
  • Church regulated sexual behavior
  • Ecclesiastical courts punished crimes against
    family morals

35
Historical background for morals offenses
  • Crown courts developed
  • Took power from church courts
  • Continued to try to regulate private behavior
  • Crimes against public morals

36
Prostitution and Solicitation
  • Legal only in two counties of Nevada
  • Originally only covered females
  • Did not cover the patron
  • Now covers males and females and the patron and
    the "sex worker"
  • Misdemeanor unless it involves a minor or threats
    or weapons
  • Solicitation and promoting prostitution (pimping
    or pandering)

37
Prison Population 1925-2000
38
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39
Drug Offenders as of Federal Prison Population
40
Federal Drug Control Budget 1970-2000
41
of Federal Drug Budget for Treatment 1970-2000
42
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43
10 Annual Causes of Death in U.S. Tobacco
435,000 Poor Diet and Physical Inactivity
365,000 Alcohol 85,000 Motor Vehicle
Crashes 26,347 Adverse Reactions to
Prescription Drugs 32,000 Suicide
30,622 Incidents Involving Firearms
29,000 Homicide 20,308 Sexual Behaviors
20,000 All Illicit Drug Use, Direct and
Indirect 17,000 Non-Steroidal
Anti-Inflammatory Drugs (Aspirin) 7,600
Marijuana 0
44
Medical Marijuana Gonzales v. Raich, 125 S. Ct.
2195 2005 U.S. LEXIS 4656
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