Chapter 12: Offenses Against Public Order, Safety, And National Security 1. To establish that a defendant is guilty of violating a traffic regulation it is generally not necessary to prove the element of intent. Answer: True 2. Unlike most offenses against persons, offenses against public order are not based on the common law. Answer: False 3. Despite the adoption of the Federal Anti-Riot Act, peacekeeping remains largely a state and local function. Answer: True 4. The utterance of “fighting words” is within the protection of the First Amendment to the U.S. Constitution. Answer: False 5. Historically, police commonly relied on vagrancy laws to justify arresting suspicious persons pending more thorough investigations. Answer: True 6. The Supreme Court has upheld even the most general and vague vagrancy laws as a means of providing necessary police discretion. Answer: False 7. Courts apply a less stringent standard of judicial review when a criminal law impinges on First Amendment freedoms. Answer: False 8. The USA PATRIOT Act makes it a criminal offense to possess biological weapons when not justified for research. Answer: True 9. State laws usually grant local governments the authority to impose limited curfews during emergencies where floods, fires, riots, looting, and other situations threaten the safety and welfare of a community. Answer: True 10. The U.S. Supreme Court has ruled that Second Amendment protects a personal right to possess a firearm for “traditionally lawful purposes” irrespective of one’s service in any militia. Answer: True 11. The English common law recognized the right of the people to assemble peaceably for lawful purposes, but made unlawful assemblies, routs, and riots felonies. Answer: False 12. An unlawful assembly is a group of persons who seek to commit unlawful acts or to use unlawful means to commit lawful acts. Answer: True 13. The federal government has primary responsibility for controlling breaches of the peace. Answer: False 14. The common law developed the offense of vagrancy to criminalize destruction of government property. Answer: False 15. The Supreme Court has said that the exercise of First Amendment rights in the public forum may be curtailed when government has a rational basis for doing so.. Answer: False 16. States and cities have enacted loitering ordinances designed to focus on conduct and not status, to give fair notice as to what is proscribed, and to afford persons an opportunity to explain their presence before being ordered to disperse. Answer: True 17. In 1999 the U.S. Supreme Court upheld Chicago’s “gang violence ordinance,” which police had used to prevent gang members from loitering in any public place “with no apparent purpose.” Answer: False 18. During the 1960s, most states and municipalities decriminalized minor traffic offenses, with violations considered as civil infractions rather than misdemeanors. Answer: True 19. Since 2010, a number of states have repealed mandatory seat belt and child restraint laws. Answer: False 20. Most states have enacted prohibitions on using a cell phone or text messaging while driving. Answer: True 21. The United States Supreme Court invalidated a vagrancy ordinance in _______ (1972). a. Papachristou v. City of Jacksonville b. Feiner v. New York c. Chaplinsky v. New Hampshire d. Fenster v. Leary Answer: A 22. The ___________.Act proscribes interstate travel and use of the mail, telegraph, telephone, radio, or television with intent to incite, encourage, participate in, or carry on a riot; or to aid or abet any person in inciting or participating in a riot or committing any act of violence in furtherance of a riot. a. Internal Security b. Federal Anti-Riot c. Sedition d. Communications Decency Answer: B 23. At common law, if three or more persons met together with the intention of cooperating to disturb the public peace, their gathering was considered ___________. a. a riot b. a rout c. disorderly conduct d. an unlawful assembly Answer: D 24. Which of the following persons would most likely not be charged with disorderly conduct? a. One who intentionally disrupts a lawful assembly of persons. b. One who intentionally obstructs motor vehicle traffic. c. One who engages in a debate with a police officer over the arrest of his daughter. d. One who is making extremely loud noises in a hospital zone and continues to do so after being asked by police to stop. Answer: C 25. Testimony at trial disclosed that a defendant charged with inciting a riot had been drinking beer, yelling profanity, and urging a large crowd to interfere with the police, who were trying to keep order at a rock concert. The defendant moved the court to direct the jury to acquit him because he claimed he was only exercising his First Amendment right of free speech. The court would likely ___________. a. deny the motion as there are sufficient facts from which a jury could conclude that defendant’s actions constituted imminent lawless action b. grant the motion because the defendant had been consuming alcohol and thus his conduct was excusable c. grant the motion because the defendant’s conduct amounted only to speech d. deny the motion because the First Amendment to the U.S. Constitution imposes no limitations on state criminal prosecutions. Answer: A 26. Convictions for offenses against public order are most likely to be challenged on the basis of the ___________ Amendment to the U.S. Constitution. a. First b. Fourth c. Sixth d. Eighth Answer: A 27. Common-law offenses against public order included ___________. a. unlawful assembly b. riot c. rout d. all of these Answer: D 28. At common law, if three or more persons met together with the intention of cooperating to disturb the public peace through the doing of an unlawful act, their gathering was considered a (an) __________. If they took steps to achieve their purpose, it was a (an) _________; and if they actually executed their plans, they committed a (an) _________. a. riot; rout; trespass b. unlawful assembly; rout; riot c. conspiracy; attempt; unlawful assembly d. conspiracy; trespass; rout Answer: B 29. The offense of disorderly conduct may involve _______. a. blocking motor vehicle traffic b. unreasonable noise making c. disruption of a lawful assembly d. any or all of these Answer: D 30. Many states and municipalities have decriminalized minor traffic offenses, classifying them as ________ and issuing citations instead of making arrests. a. civil infractions b. torts c. misdemeanors d. None of these Answer: A 31. Which of the following is most closely related to the common-law crime of vagrancy? a. unlawful assembly b. loitering c. solicitation d. prostitution Answer: B 32. In the United States, the responsibility for maintaining public order and peace rests primarily with ___________. a. the federal government b. the courts c. the FBI d. state and local governments Answer: D 33. Whoever travels in interstate or foreign commerce or uses any facility of interstate or foreign commerce to ___________ may be prosecuted under the Federal Anti-Riot Act. a. incite a riot b. participate in a riot c. commit any act of violence in furtherance of a riot d. All of these Answer: D 34. Under a landmark federal law enacted in 1968, a (an) ___________ may be defined as an act of violence by one or more persons part of an assemblage of three or more persons that results in property damage or personal injury. a. riot b. unlawful assembly c. rout d. None of these Answer: A 35. Federal law prohibits the sale, possession, and use of machine guns and other _______ weapons, unless one has a federal license to sell, possess and use such weapons. a. dangerous b. automatic c. lethal d. semi-automatic Answer: B 36. States have commonly enacted statutes making it unlawful to carry a __________ weapon. a. potentially harmful b. dangerous c. lethal d. concealed Answer: D 37. The Federal ___________ prohibited firearms dealers from transferring handguns to persons who are under 21, nonresidents of the dealer’s State, as well as those who are otherwise prohibited by state or local laws from purchasing or possessing firearms. a. Brady Bill b. Youth Offenders and Violent Crime c. Gun Control Act of 1968 d. None of these Answer: C 38. In an attempt to combat juvenile crime and protect children by keeping them off the streets at night, many communities have enacted _________ ordinances. a. curfew b. noise c. vagrancy d. truancy Answer: A 39. Historically, vagrancy laws were used by law enforcement ___________. a. to arrest residents of “skid row” who ventured into “respectable” neighborhoods b. to detain suspicious persons pending further investigation c. as a pretext to conduct searches incident to arrest d. all of these Answer: D 40. A statute that prohibits “an assembly of five or more persons whose common object is to commit an unlawful act, or a lawful act by unlawful means” defines the offense of ________. a. truancy b. vagrancy c. unlawful assembly d. loitering Answer: C 41. The offense of disorderly conduct can be applied constitutionally to all of the following except _________. a. disruption of a lawful assembly b. obstruction of vehicular or pedestrian traffic c. peaceful street corner oratory berating public officials d. unreasonable noisemaking Answer: C 42. As the Supreme Court has recognized, the Constitution does not permit the state to criminalize ___________. a. fighting words b. the peaceful expression of unpopular views c. expression that gives rise to imminent lawless action d. public assemblies of any kind Answer: B 43. The act of turning over state secrets to a foreign government is known as ________. a. sedition b. espionage c. treason d. none of these Answer: B 44. Measures taken by the federal government to maintain security of the country since the attacks on 9-11-2001 include all of the following except ____________. a. creation of the Department of Homeland Security b. stricter safety measures in mass transportation systems c. increased measures to safeguard borders, ports, utility systems, and government buildings d. an amendment to the Constitution allowing the government to restrict foreign travel Answer: D 45. Which of one of the following is not a criminal prohibition under federal laws pertaining to aircraft under the special aircraft jurisdiction of the United States? a. Carrying a weapon or explosive on an aircraft. b. Interference with security screening personnel. c. Allowing passengers to remain on the tarmac for extended periods. d. Interference with flight crews by passengers. Answer: C 46. ________ was a common-law offense defined as going about without visible means of support. Answer: Vagrancy 47. The offense of ____________ typically involves fighting, unreasonable noise making, disruption of a lawful assembly, or the obstruction of pedestrian or vehicular traffic. Answer: disorderly conduct 48. Charges of disorderly conduct and unlawful assembly are subject to attack under the First Amendment protections of free speech and freedom of _________. Answer: assembly 49. Many states and municipalities have decriminalized minor ________ offenses, classifying them as civil infractions and issuing citations instead of making arrests. Answer: traffic 50. In 1972, in Papachristou v. City of Jacksonville, the Supreme Court struck down a local ordinance prohibiting ____________. Answer: vagrancy 51. Vagrancy laws have been replaced with laws criminalizing __________. Answer: loitering 52. The criminal incitement of insurrection or revolution is known as ____________. Answer: sedition 53. The ___________ Act of 1996, enacted after the Oklahoma City bombing of 1995, expanded federal jurisdiction with respect to investigation and prosecution of international terrorism. Answer: Antiterrorism and Effective Death Penalty 54. The intentional destruction of a country’s military infrastructure by an enemy agent or a civilian with the objective of hindering that country’s war efforts or reducing its military capabilities is known as ___________. Answer: sabotage 55. Courts have interpreted Article I, Section 8 of the U.S. Constitution which vests in Congress the power “[t]o establish an uniform Rule of Naturalization...." to provide Congress with plenary power over ____________. Answer: immigration 56. At common law, if three or more persons met together with the intention of cooperating to disturb the public peace by doing an unlawful act, their gathering was considered an __________. Answer: unlawful assembly 57. A _______ is a public disturbance of three or more persons who threaten or commit acts of violence to persons or property. Answer: riot 58. Laws proscribing panhandling require courts to weigh the need to maintain order and peace against the _____ Amendment’s guarantees of freedom of speech and assembly. Answer: First 59. Courts have frequently declared unconstitutional ordinances that proscribe all begging on public streets, but federal appellate courts have recently approved narrowly drawn ordinances that restrict only ___________. Answer: aggressive panhandling 60. The federal __________ Act prohibits firearms dealers from transferring handguns to persons who are under twenty-one, nonresidents of the dealer’s state, or those who are otherwise prohibited by state or local laws from purchasing or possessing firearms. Answer: Gun Control 61. The principal crimes against national security are treason, _________, sabotage, and sedition. Answer: espionage 62. The U.S. Constitution provides that __________ against the United States “shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” Answer: treason 63. In 1940, Congress adopted the _________ Act, which in its present form makes it a crime for a person to knowingly or willfully advocate the overthrow of federal, state, or local government by force or violence, or by assassination of any governmental officer. Answer: Smith 64. The Omnibus Diplomatic Security and Antiterrorism Act of 1986 makes it a federal offense for a terrorist overseas to kill, attempt to kill, conspire to kill, or engage in physical violence with the intent to cause serious bodily injury to, an ___________. Answer: American citizen 65. The ___________.Act deems certain acts of terrorism to be “racketeering activity.” Answer: USA PATRIOT A recently passed ordinance in Gotham City makes it a crime for any individual other than a law enforcement officer to possess a handgun in the home or to carry a handgun on the street. Knuckles Bradley disregards this ordinance and is arrested when police see him holding a gun on a public sidewalk. While being questioned, Knuckles admits to police that he also keeps a loaded gun in his home. The local D.A. charges Bradley with two counts of illegal possession of a firearm—one for the gun he was carrying, and one for the gun in his home. 66. Based on Supreme Court precedents established in D.C. v. Heller and McDonald v. City of Chicago, which outcome is most likely? a. Both charges are likely to be vacated. b. Both charges are likely to result in valid convictions. c. The charge for the gun kept at the house will be vacated, while the other charge will not. d. The charge for the gun brought into public will be vacated, while the other charge will not. Answer: C 67. Assume that Knuckles Bradley has a previous felony conviction. Which federal law would apply to his possession of a firearm? a. Federal Gun Control Act b. Gun Free School Zone Act c. Career Criminal Act d. Habitual Offender Act Answer: A 68. Based on the Supreme Court’s decision in United States v. Lopez, federal officials would not be able to arrest Knuckles Bradley for the crime of carrying a loaded gun: a. while being mentally ill. b. in a school zone. c. as a part of an international terrorist plot. d. into a federal courthouse. Answer: B 69. During questioning, Knuckles Bradley admits that he received the guns from members of the Taliban and was planning to use the weapons as a part of a larger plot to attack American citizens. Which of these laws is least applicable to this plot? a. The Antiterrorism and Effective Death Penalty Act of 1996 b. Patriot Act c. The Omnibus Diplomatic Security and Antiterrorism Act of 1986 d. The Brady Bill Answer: D Four men are gathered on a sidewalk in Metropolis, California. The men are holding signs which peacefully protest a local policy on immigration. Metropolis has a law called the “Move Along” law, which makes it illegal to “loiter without an apparent purpose.” A police officer comes upon the men, and when they fail to obey his command to disperse, the officer arrests them. 70. Which of the following would best support the position that the Metropolis “Move Along” law is unconstitutional for being overly-broad? a. The Supreme Court’s decision in Morales v. City of Chicago b. The Federal Anti-Riot Act c. The Supreme Court’s decision in D.C. v. Heller d. The USA Patriot Act Answer: A 71. The notion that peaceful protest in a public setting should be a protected activity is supported by all of the following except: a. United States v. Grace b. United States v. Edwards c. The First Amendment d. The Second Amendment Answer: D 72. Now let’s say that two of the men walk into the street and hold their signs while standing there. They are obstructing the flow of traffic. Based on the Supreme Court’s decisions in this area, a charge of disorderly conduct would be: a. appropriate in this instance. b. vacated as unconstitutionally overbroad. c. vacated as a violation of the 2nd Amendment. d. be vacated as a violation of the 1st Amendment. Answer: A Mr. Lee, a South Korean national, enters the United States with a fake Danish passport. Using his false identity, he obtains a job as a computer tech with the Department of Defense and is stationed at a U.S. military base in North Carolina. After three years of blending in, Lee begins sending secrets about the U.S. military to his contacts in Black Dawn, which is recognized by the U.S. government as a terrorist organization. He also sends pamphlets about insurrection to extremists around the country and holds meetings where he encourages them to incite a revolution against the United States. Finally, he sets off a bomb that destroys a number of airplanes at the military base where he works. 73. Which of these crimes best fits Mr. Lee’s use of a bomb to destroy military airplanes? a. sabotage b. sedition c. espionage d. treason Answer: A 74. If his meetings with extremists were fairly characterized by imminent lawless action, then Mr. Lee also might be charged with ___________. a. sabotage b. sedition c. espionage d. treason Answer: B 75. Only one witness is available to testify about Mr. Lee’s act of sending secrets about the U.S. military to a foreign group. The most appropriate charge would be: a. sabotage b. sedition c. espionage d. treason Answer: C Test Bank for Criminal Law and Procedure John M. Scheb 9781285070117, 9781285690292, 9781285546131
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