Gale Encyclopedia Of American Law 3Rd Edition Volume 10 P20

Gale Encyclopedia of American Law Volume 10 P20 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 178 UNLAWFUL COMMUNICATIONS in a manner likely to imperil the peace and tranquillity of the neighborhood. The first amendment to the . Constitution guarantees individuals the right of freedom of assembly. Under the common law and modern statutes however the meeting of three or more persons may constitute an unlawful assembly if the persons have an illegal purpose or if their meeting will breach the public peace of the community. If they actually execute their purpose they have committed the criminal offense of riot. Under the common law when three or more individuals assembled for an illegal purpose the offense of unlawful assembly was complete without the commission of any additional overt act. Some modern state statutes require both assembly and the commission of one of the acts proscribed by the statutes even if the purpose of the assembly is not completed. Generally an unlawful assembly is a misdemeanor under both common law and statutes. The basis of the offense of unlawful assembly is the intent with which the individuals assemble. The members of the assembled group must have in mind a fixed purpose to perform an illegal act. The time when the intent is formed is immaterial and it does not matter whether the purpose of the group is lawful or unlawful if they intend to carry out that purpose in a way that is likely to precipitate a breach of THE PEACE. An assembly of individuals to carry on their ordinary business is not unlawful. conversely when three or more persons assemble and act jointly in committing a criminal offense such as assault and battery the assembly is unlawful. Many jurisdictions require that all those who participate in unlawful assemblies incur criminal responsibility for the acts of their associates performed in furtherance of their common objective. However some jurisdictions only require a preconceived unlawful purpose or design before the group assembles. Still others do not require a common purpose but only the execution of an .

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