Deck 7: Crimes Against Public Order and Public Morality

Question 1

According to Lawrence v.Texas (involving consensual sodomy between adult men):

A)there is a constitutional right to engage in consensual sodomy in private.
B)the Constitution protects only heterosexual sodomy.
C)punishing consensual sodomy between two adult men is not unconstitutional.
D)homosexuality is a status, not subject to punishment.

Answer 1

C

Question 2

The U.S.Supreme Court has ruled that:

A)it is not cruel and unusual to punish people for being drunk in public.
B)laws against public intoxication violate due process.
C)alcoholics cannot be punished for public intoxication.
D)alcoholics are not responsible for their intoxication.

Answer 2

A

Question 3

Three or more persons assembled for the purpose of doing something unlawful is:

A)an unlawful assembly.
B)an insurrection.
C)a riot.
D)a rebellion.

Answer 3

A

Question 4

The offense of driving while intoxicated requires:

A)an intent to become intoxicated.
B)at least negligence.
C)at least recklessness.
D)no mens rea; it is a strict liability offense.

Question 5

When the defendant has an item on his or her person, the defendant has:

A)constructive possession of the item.
B)actual possession of the item.
C)mere custody of the item.
D)ownership of the item.

Question 6

Public order and morals offenses are usually punished with:

A)prison terms.
B)fines, never confinement.
C)fines and short jail terms.
D)probation or imprisonment.

Question 7

For words to be considered "fighting words," they must:

A)be insulting.
B)be accompanied by a physical assault.
C)be obscene.
D)tend to incite an immediate breach of the peace by the listener.

Question 8

Offenses against public morals include:

A)statutory rape.
B)sodomy.
C)spouse abuse.
D)child neglect.

Question 9

A person who knowingly supplies illegal drugs to a friend:

A)may raise the "accommodation" defense.
B)may not raise the accommodation defense if any money was received.
C)may raise the accommodation defense for the first, but not subsequent, supplying of drugs.
D)may raise the entrapment defense.

Question 10

If a person has control of, or access to, an item, the person may have:

A)actual possession.
B)constructive possession.
C)no form of possession without actual contact.
D)mere custody.

Question 11

Offenses against public morals:

A)mainly include crimes with complaining victims.
B)often include crimes with consenting victims.
C)include violent crimes only.
D)include mala in se crimes only.

Question 12

Laws that prohibit indecent language and gestures as disorderly conduct:

A)focus on the tendency to disturb others.
B)are uniformly unconstitutional.
C)raise questions concerning the right to privacy.
D)are uniformly constitutional.

Question 13

Crimes against public order and morals:

A)must identify a specific victim.
B)injure society as a whole.
C)are strict liability crimes.
D)involve victims who consented to the crime.

Question 14

In Lawrence v.Texas, the defendant argued that his conviction for sodomy should be reversed on the grounds:

A)that he had a right to engage in sex with another adult in the privacy of his home.
B)of equal protection of the laws, because the law permits heterosexual sodomy.
C)that his behavior was consensual.
D)of freedom of beliefs.

Question 15

The "accommodation" defense to drug dealing is:

A)a complete defense.
B)a constitutional defense.
C)not a complete defense, but may reduce the severity of the crime or punishment.
D)not recognized in the federal system.