LD 39: Legal Aspects of Unlawful Assembly
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Questions and Answers

What is a necessary element for an assembly to be deemed unlawful?

  • A permit must be obtained
  • The intent of the assembly must be to commit an unlawful act (correct)
  • An overt unlawful act must occur
  • The assembly must cause physical harm

    • A violent act is required to substantiate an unlawful assembly.

    False

    What type of crime is unlawful assembly classified as?

  • Misdemeanor (correct)
  • Civil offense
  • Felony
  • Infraction

    • What crime is defined under Penal Code Section 416(a)?

    <p>Refusal to disperse</p> Signup and view all the answers

    Refusal to disperse is considered a felony under Penal Code Section 416(a).

    <p>False</p> Signup and view all the answers

    An assembly can be ordered to disperse if it is disturbing the ________ or committing an unlawful act.

    <p>peace</p> Signup and view all the answers

    What type of evidence may be used to prove the intent of an assembly?

    <p>Circumstantial evidence</p> Signup and view all the answers

    What must peace officers establish to make an arrest for crimes related to public disturbance?

    <p>Probable cause</p> Signup and view all the answers

    An assembly becomes unlawful when it ______ the public peace.

    <p>disturbs</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Misdemeanor = A less severe crime than a felony, punishable by fines or imprisonment for less than a year Public assembly laws = Regulations governing the gathering of individuals in public spaces Elements of unlawful assembly = Conditions that make an assembly illegal, such as intent to disturb the peace Public disturbance = A disruption to the normal peace of the public environment</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Unlawful assembly = A group that disturbs public peace Refusal to disperse = Failure to leave an assembly upon police order Public disturbance = Any act that disrupts public peace and safety Misdemeanor = A less severe crime than a felony</p> Signup and view all the answers

    Participants can be arrested for refusing to disperse even if no unlawful act was committed.

    <p>True</p> Signup and view all the answers

    Which option best describes an event that could lead to unlawful assembly?

    <p>A group blocking traffic and making excessive noise</p> Signup and view all the answers

    What must happen for a public officer to charge individuals with refusal to disperse?

    <p>Individuals must be ordered to disperse and fail to comply.</p> Signup and view all the answers

    Members of an assembly can be arrested for unlawful assembly regardless of their actions.

    <p>False</p> Signup and view all the answers

    What happens when police order members of a disruptive assembly to disperse?

    <p>They must leave the area.</p> Signup and view all the answers

    What is the consequence for refusing or failing to disperse when commanded to do so?

    <p>Misdemeanor</p> Signup and view all the answers

    Remaining present at an unlawful assembly after being warned can result in a misdemeanor charge.

    <p>True</p> Signup and view all the answers

    What must occur for someone to be arrested at a riot or unlawful assembly?

    <p>They must have been lawfully warned to disperse.</p> Signup and view all the answers

    Anyone who remains present at a riot, rout, or unlawful assembly after being warned to disperse is guilty of a __________.

    <p>misdemeanor</p> Signup and view all the answers

    Match the examples with the appropriate descriptions:

    <p>Remaining at a lawful assembly after being warned = Misdemeanor Gathering with the purpose of informing the public peacefully = Public assembly Using amplification devices to gain attention during a protest = Public disturbance Failure to disperse upon lawful command = Refusal to disperse</p> Signup and view all the answers

    Which of the following is NOT a characteristic of public assembly laws?

    <p>They restrict all forms of gathering</p> Signup and view all the answers

    Public officers and persons assisting them are exempt from misdemeanor charges for remaining at a riot.

    <p>True</p> Signup and view all the answers

    In the example given, what was the primary purpose of the garment maker's union's assembly?

    <p>To inform shoppers of unfair labor practices.</p> Signup and view all the answers

    Study Notes

    Unlawful Assembly

    • An assembly becomes unlawful when it disturbs the public peace, as defined under Penal Code Section 407.
    • Unlawful assembly is classified as a misdemeanor.
    • No overt unlawful act is required to classify an assembly as unlawful; intent can be indicated by circumstantial evidence.

    Refusal to Disperse

    • Covered under Penal Code Section 416(a); it is a misdemeanor to refuse to disperse when ordered by a public official.
    • Definition of a violent manner includes acts that provoke criminal violence.
    • Boisterous or tumultuous manners are characterized by noise that disrupts public peace.
    • Criteria for arresting individuals who refuse to disperse include:
      • Two or more persons assembled with the intent to disturb the peace.
      • Command to disperse issued by a public officer, which is not followed.

    Remaining at an Unlawful Assembly

    • The crime of remaining present at a riot, rout, or unlawful assembly is addressed in Penal Code Section 409.
    • Individuals must disperse after being lawfully warned to do so; failure to comply results in misdemeanor charges.

    Case Example

    • Peaceful union strike evolved into unlawful assembly when noise escalated and began to block traffic.
    • Members used amplification devices once initial peaceful actions ceased drawing attention.

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    Related Documents

    California Commission on Peace Officer Standards and Training Basic Course Workbook Series PDF

    Description

    Explore the legal definitions and implications surrounding unlawful assembly and refusal to disperse. This quiz covers key penal codes and the criteria for assessing unlawful gatherings, emphasizing the impact on public peace. Test your understanding of these important legal concepts.

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