11.4.1: You Be the Legislator

You are a legislator with a perfect record for voting on statutes that are constitutional. You have been presented with four proposed statutes. Read each one, and then read the case analyzing a replica statute for constitutionality. Decide whether you should vote for or against the proposed statute if you want to keep your perfect record. Check your answers using the answer key at the end of the chapter.

1. The proposed statute is Disorderly Conduct and reads as follows: It is a misdemeanor to engage in indecent or disorderly conduct in the presence of another in a public place. This statute was analyzed for constitutionality by Satterfield v. State, 395 S.E. 2d 816 (1990). The case is available at this link: http://scholar.google.com/scholar_case?case=8539981756406627329&q= Satterfield+v.+State+395&hl=en&as_sdt=2,5. Should you vote for or against the statute?
2. The proposed statute is Loitering for prostitution and reads as follows: It is unlawful for any person to loiter in or near any public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting for or procuring another to commit an act of prostitution. Among the circumstances that may be considered in determining whether such purpose is manifested are that such person repeatedly beckons to, stops, or attempts to stop or engages persons passing by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. This statute was analyzed for constitutionality by Silvar v. Dist. Ct., 129 P.3d 682 (2006). The case is available at this link: http://scholar.google.com/scholar_case?case=15323479136078401167&q= Silvar+v.+Dist.+Ct.&hl=en&as_sdt=2,5. Should you vote for or against the statute?
3. The proposed statute is Gang Violence and Juvenile Crime Prevention Act and reads as follows: State Prosecutors are hereby authorized to bring specified crime charges against minors fourteen and older in the criminal division of adult court rather than in the juvenile division without a judicial determination that the minor is unfit for a juvenile court disposition. This statute was analyzed for constitutionality by Manduley v. Superior Court, 41 P.3d 3 (2002). The case is available at this link: http://scholar.google.com/ scholar_case?case=14196981766707899172&q= Manduley+v.+Superior+Court&hl=e.n&as_sdt=2,5. Should you vote for or against the statute?
4. The proposed statute is Mere Possession and reads as follows: It is a crime to possess an unprescribed controlled substance. This statute was analyzed for constitutionality by State v. Bradshaw, 98 P.3d 1190 (2004). The case is available at this link: http://scholar.google.com/ scholar_case?case=33245956757868529&q= State+v.+Bradshaw+98&hl=en&as_sdt=2,5. Should you vote for or against the statute?

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