Transcript Slide 1
Disorderly Conduct • A person commits disorderly conduct when he knowingly does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace • Mens Rea/Mental State – Knowingly • Actus Reus – Any Act • Attendent Circumstances – Unreasonable Manner as to Alarm or Disturb – Provoke a Breach of the Peace (720 ILCS 5/26-1) (from Ch. 38, par. 26-1) (Text of Section from P.A. 96-339) Sec. 26-1. Elements of the Offense. (a) A person commits disorderly conduct when he knowingly: (1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace or Communicating a false alarm or non-existent call. Peeping Toming © Reckless Conduct A person who causes bodily harm to or endangers the bodily safety of an individual by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm or endanger safety, whether they otherwise are lawful or unlawful. • Mens Rea/Mental State – Recklessness • Actus Reus/Act – Causes Bodily Harm – Endangers Bodily Safety of an individual • Attendant Circumstances (720 ILCS 5/12-5) (from Ch. 38, par. 12-5) Sec. 12-5. Reckless conduct. (a) A person who causes bodily harm to or endangers the bodily safety of an individual by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm or endanger safety, whether they otherwise are lawful or unlawful. (a-5) A person who causes great bodily harm or permanent disability or disfigurement by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm, whether they otherwise are lawful or unlawful. (b) Sentence. Reckless conduct under subsection (a) is a Class A misdemeanor. Reckless conduct under subsection (a-5) is © a Class 4 felony. (720 ILCS 5/25-1) (from Ch. 38, par. 25-1) Sec. 25-1. Mob action. (a) A person commits the offense of mob action when he or she engages in any of the following: (1) the knowing or reckless use of force or violence disturbing the public peace by 2 or more persons acting together and without authority of law; (2) the knowing assembly of 2 or more persons with the intent to commit or facilitate the commission of a felony or misdemeanor; or (3) the knowing assembly of 2 or more persons, without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over © any person by violence. Drugs Drug Arrests • 81.7% of Drug Abuse Arrests are for Possession • 19.3% for Sale or Manufacture • 39.2% for Marijuana • 22% for Cocaine of Heroin • 68.5% of Jail Inmates report Substance Dependence or Abuse • 31.5% are not telling the truth about their Substance Dependence or Abuse $12.5 Billion was Budgeted by the Federal Government to Control Drugs in 2006 http://stopthedrugwar.org/ Marijuana Arrests For Year 2006 • 89% of 2006 Marijuana Arrests were for possession. • TEENS SAY BUYING DOPE IS EASY Allegations dog Chicago Police Department's Special Operations Section -chicagotribune.com (720 ILCS 550/4) (from Ch. 56 1/2, par. 704) Sec. 4. It is unlawful for any person knowingly to possess cannabis. Any person who violates this section with respect to: (a) not more than 2.5 grams of any substance containing cannabis is guilty of a Class C misdemeanor; (b) more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class B misdemeanor; (c) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class A misdemeanor Possession of Cannabis • It is unlawful for any person knowingly to possess cannabis • Mens Rea/Mental State – Knowingly • Actus Reus/Act – Possess Cannabis Possession of Cannabis • Direct Evidence – You observe a subject walking down the street smoking a hand rolled cigarette and as he approaches you smell it to be the smell of marijuana. • Circumstantial Evidence – You stop a motor vehicle for a traffic violation and place the driver under arrest for a warrant. During the course of a search of the vehicle you find a clear plastic bag containing crushed green plant like material which you suspect to be cannabis. DUI • (a) A person shall not drive or be in actual physical control of any vehicle within this State while: (1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2; (2) under the influence of alcohol • Mens Rea/Mental State – No mental state required • Actus Reus/Act – Driving – Physical Control • Attendant Circumstances – BAC .08 or greater – Under the Influence of alcohol – Of Any Vehicle (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402) (Text of Section from P.A. 94-324) Sec. 402. Except as otherwise authorized by this Act, it is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog.