Crimes against Public Order and Morals

The “other crimes” While murder, burglary, arson, and the like get the headlines ….. It’s offenses like disorderly conduct and “Quality of life” crimes that clog the courts and affect the most people

Disorderly Conduct At first overlooked because of low stakes (fines), poor defendants, quick pleas, and rare appeals Took on more significance due to the MPC, when it was realized that: 1) they affect millions of defendants, 2) influence much of public activity, and 3) play a big role in our perception of law & society

Origins Of ancient roots – Breach of the Peace Two types: 1) Actual Disorderly Conduct – fighting in a public place or getting way to loud 2) Constructive Disorderly Conduct – provoking others to act out

Statutory concerns Laws are often very vague – What, exactly, do they prohibit? Also, many fail to require sufficient mens rea, a mental state exceeding mere negligence The MPC remedies these flaws by limiting the charge to: 1) public fighting, 2) excessive loudness or profanity 3) creating offensive or dangerous conditions

Quality of Life Crimes The criminal justice system seeks to enforce good manners Why? A simple attempt to force a return to the more polite and orderly “good old days”? Or, do blatant displays of bad manners cause an increase in more serious crime?

The “Broken Windows Theory” At first Professors Wilson and Kelling argued a direct causal link Later (1996) Wilson stepped back a bit But their claim that failing to keep up empty buildings (fix broken windows) offered a common-sense vision of how a neighborhood can descend into lawlessness But maybe it’s a third factor – crime and disrepair are both caused by poverty/neglect

Contemporary views Recent research has failed to find a causal link But municipalities, large and small, and the people that live within them are gravely concerned about public drinking and kids roaming and “hanging around” on the streets Other worrisome activities include “street people” misbehavior - begging, harassment, noise, vandalism, and street prostitution

Resolution of old problems Vagrancy – poor people wandering about Legislation to prohibit dates back 170 + years Approved (1837) but then walked back by the Supreme Court in Edwards v California (1941) Justice Robert Jackson – just being poor doesn’t make you less of an American Then, in Papachristou (1972), Justice Douglas finishes off such vague and unfair laws forever

Loitering – just chilling Universal laws against remaining in one place Struck down by Kolender (1983) – void for vagueness Protection of the “displaced poor”? Or taking away a city’s ability to control behavior in city centers? Cities strike back, but where do we draw the line?

Fines for minor offenses Attempt to appropriately ensure public order? Or, a systematic way to raise $, often at the expense of minorities? Ferguson, Mo.