Abstract

In Chapter 10, there is a discussion concerning the idea that the U.S. Constitution, as interpreted by the courts, limits state power to enact or enforce legislation in the area of controlling citizens’ behavior when it conflicts with liberties. The balance is to have criminal laws that prohibit behavior that is dangerous and/or offensive to the majority, while allowing the greatest degree of freedom for the individual. In this chapter, the offenses of riot, disorderly conduct, vagrancy and loitering, and obstructing a highway or public place are discussed. Crimes of drunkenness and drug use/possession/sale can be considered crimes against public morals as well as public peace and are also considered in this chapter. Finally, state laws prohibiting eavesdropping and wiretapping and terrorism are discussed in this chapter, although the discussion of federal laws considering these behaviors is offered in more detail in Chapter 13 .

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