FactsPolice observed Bridget Webb on Essex Street in Boston on the nights of October 28, 29, 30 and November 4. Prior to these dates, police were unaware of Webb. On November 4, police observed Webb walking up and down Essex Street wearing a short miniskirt, a thin tank top and stilettos, despite an outside temperature of ninety-five degrees. Several lone male drivers stopped, sometimes by themselves and sometimes after Webb flagged them down. On some occasions, Webb ran into the middle of the road in an apparent attempt to “catch” cars. Webb shouted loudly, whistled and made obscene gestures in response to the men who stopped, but police could not hear or observe what, if anything, the drivers said to Webb. Other motorists honked their horns as they passed, causing Webb to become angry, stomping his feet and shouting obscenities. Although Essex Street was unusually quiet on the night of November 4, Webb's actions disturbed several patrons at nearby restaurants, causing them to look out windows to see what was happening. Additionally, some pedestrians stopped to see what was happening. Police arrested Webb as a “disorderly person.” The Commonwealth must now decide whether to charge Webb as a “disorderly person” or “common night walker”. Question What if the Commonwealth were to charge Webb as a “disorderly person” or “common night walker” for giving up cars driven by lone males, yelling obscenities and creating a general public nuisance? Short answer The Commonwealth should charge Webb as a “disorderly person” for racing on the street without a legitimate purpose and creating a dangerous condition for drivers. Discussion Webb should be charged as a “disorderly person” ” for creating... half the paper...... lay down. Nor is there explicit evidence that Webb had solicited illicit sexual intercourse as King had used to convict the defendant. Circumstantial evidence such as Webb's clothing, police observations that Webb was on a street frequented by prostitutes several times over the course of about a week, and that Webb was conversing with unidentified lone male divers, without any evidence of the content of those conversations , are It is unlikely that the Commonwealth will convict Webb of “common nighttime strolling.” Conclusion Webb should be charged as a “disorderly person” for creating a danger to the public by running in the street without a legitimate purpose, endangering herself and others. The Commonwealth should not charge Webb as a “common night walker,” because the circumstantial evidence is not complemented by more explicit evidence that he was attempting to solicit illicit sexual activity..
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