Deck 12: Offenses Against Public Order, Safety, and National Security

Question 1

The Supreme Court has upheld even the most general and vague vagrancy laws as a means of providing necessary police discretion.

Answer 1

False

Question 2

Courts apply a less stringent standard of judicial review when a criminal law impinges on First Amendment freedoms.

Answer 2

False

Question 3

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 3

False

Question 4

The common law developed the offense of vagrancy to criminalize destruction of government property.

Question 5

The English common law recognized the right of the people to assemble peaceably for lawful purposes, but made unlawful assemblies, routs, and riots felonies.

Question 6

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.

Question 7

The utterance of "fighting words" is within the protection of the First Amendment to the U.S.Constitution.

Question 8

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.

Question 9

Most states have enacted prohibitions on using a cell phone or text messaging while driving.

Question 10

The USA PATRIOT Act makes it a criminal offense to possess biological weapons when not justified for research.

Question 11

Historically, police commonly relied on vagrancy laws to justify arresting suspicious persons pending more thorough investigations.

Question 12

Unlike most offenses against persons, offenses against public order are not based on the common law.

Question 13

To establish that a defendant is guilty of violating a traffic regulation it is generally not necessary to prove the element of intent.

Question 14

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.

Question 15

An unlawful assembly is a group of persons who seek to commit unlawful acts or to use unlawful means to commit lawful acts.

Question 16

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..

Question 17

During the 1960s, most states and municipalities decriminalized minor traffic offenses, with violations considered as civil infractions rather than misdemeanors.

Question 18

Despite the adoption of the Federal Anti-Riot Act, peacekeeping remains largely a state and local function.

Question 19

Since 2010, a number of states have repealed mandatory seat belt and child restraint laws.

Question 20

The federal government has primary responsibility for controlling breaches of the peace.

Question 21

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

Question 22

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.

Question 23

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

Question 24

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

Question 25

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

Question 26

States have commonly enacted statutes making it unlawful to carry a __________ weapon.

A)potentially harmful
B)dangerous
C)lethal
D)concealed

Question 27

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

Question 28

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

Question 29

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

Question 30

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

Question 31

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

Question 32

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

Question 33

Which of the following is most closely related to the common-law crime of vagrancy?

A)unlawful assembly
B)loitering
C)solicitation
D)prostitution

Question 34

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

Question 35

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

Question 36

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.

Question 37

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

Question 38

Common-law offenses against public order included ______________.

A)unlawful assembly
B)riot
C)rout
D)all of these

Question 39

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

Question 40

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

Question 41

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.

Question 42

A _______ is a public disturbance of three or more persons who threaten or commit acts of violence to persons or property.

Question 43

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

Question 44

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 ___________.

Question 45

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 ___________.

Question 46

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 __________.

Question 47

________ was a common-law offense defined as going about without visible means of support.

Question 48

The criminal incitement of insurrection or revolution is known as ____________.

Question 49

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.

Question 50

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 ____________.

Question 51

The ___________ Act of 1996, enacted after the Oklahoma City bombing of 1995, expanded federal jurisdiction with respect to investigation and prosecution of international terrorism.

Question 52

Many states and municipalities have decriminalized minor ________ offenses, classifying them as civil infractions and issuing citations instead of making arrests.

Question 53

Vagrancy laws have been replaced with laws criminalizing __________.

Question 54

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.

Question 55

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

Question 56

The offense of ____________ typically involves fighting, unreasonable noise making, disruption of a lawful assembly, or the obstruction of pedestrian or vehicular traffic.

Question 57

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

Question 58

Charges of disorderly conduct and unlawful assembly are subject to attack under the First Amendment protections of free speech and freedom of _________.

Question 59

In 1972, in Papachristou v.City of Jacksonville, the Supreme Court struck down a local ordinance prohibiting ____________.

Question 60

The act of turning over state secrets to a foreign government is known as ________.

A)sedition
B)espionage
C)treason
D)none of these

Question 61

How can state and local laws proscribing "unlawful assemblies" be reconciled with the First Amendment's explicit protection of the right of assembly?

Question 62

Assume you are working as a staff assistant to a state legislator who intends to introduce a law making it an offense to solicit funds by "panhandling" on streets and in parks.You are asked to prepare a memorandum of provisions to be included in the proposed law.What provisions would you suggest be included to avoid the act from being declared unconstitutional?

Question 63

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

Question 64

Assume that you are chairing the Criminal Justice Committee in the senate of a state that has not decriminalized traffic offenses.The committee is generally favorable to decriminalization but the members realize certain offenses that occur in traffic,
e.g., driving while intoxicated, must not be decriminalized.Prepare a list of offenses that you would recommend not to be included in a law decriminalizing traffic offenses.Explain your choices.

Question 65

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.

Question 66

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

Question 67

The city commission is concerned about serious incidents of juvenile crime occurring at nighttime and has requested the city attorney to prepare a juvenile curfew ordinance.Assume you are working as an assistant to a city attorney and are asked to prepare a memorandum of provisions to be included in the proposed ordinance.What exceptions would you recommend be included to avoid the proposed ordinance being declared unconstitutional? Explain your choices.

Question 68

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.

Question 69

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

Question 70

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.

Question 71

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

Question 72

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."

Question 73

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 _______________.

Question 74

What events motivated Congress to adopt the Federal Anti-Riot Act of 1968? What does the Act provide? On what constitutional basis did Congress act?

Question 75

The ________________ Act deems certain acts of terrorism to be "racketeering activity."

Question 76

The principal crimes against national security are treason, _________, sabotage, and sedition.

Question 77

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.

Question 78

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

Question 79

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

Question 80

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