Crimes Against the Person Chapter 9

Crimes Against the Person Crimes against the person include homicide, kidnapping, robbery, and rape. All of these crimes are serious offenses If someone is convinced of one of these crimes, they can have a harsh penalty assessed upon them such as imprisonment, fine, restitution, etc.

Crimes Against the Person The law also protects the defendant from overly harsh penalties by… Defining various levels of some of these crimes and… Considering the circumstances of each offense (or elements)

Criminal Homicide Homicide is the killing of another person. It can be criminal, noncriminal, or negligent Murder, the most serious form of criminal homicide, is killing that is done with malice Malice is ill will: deliberate intent to harm someone

Degrees of Murder First-Degree Murder is planned in advance and done with malice or during the commission of a dangerous felony Premeditation is a deliberate act or having thought about doing something before doing it

Degrees of Murder Felony Murder is any killing that takes place during the commission of certain felonies such as arson, rape, robbery, or burglary. Most states consider felony murder an automatic charge of first degree murder This is regardless if the crime has malice, premeditation, and deliberation

Degrees of Murder Second Degree Murder is killing that is done with malice, but WITHOUT premeditation or deliberation That is, the intent to kill did not exist until the moment of the murder Second degree murder include the intentional but spontaneous killings that are unplanned.

Degrees of Murder Voluntary Manslaughter is killing that would otherwise be seen as murder but that occurs after the victim has done something to the killer that would cause a reasonable person to lose self control or act rashly Example- A person who kills another person after a heated argument without planning it.

Degrees of Murder Voluntary Manslaughter has a few stipulations: Words alone cannot bring a charge from murder to “Voluntary Manslaughter” The killing must happen just after the provocation so that the killer doesn’t have time to “cool down” The “VM” charge is used under the theme that the human character is frail

Degrees of Murder Involuntary Manslaughter is killing that in which there is no intent to kill at all It is the unintentional killing resulting from conduct so reckless that it causes extreme danger of death or bodily injury Example- A person who plays with a loaded gun

Degrees of Murder Negligent Homicide means causing death through criminal negligence Negligence is the failure to exercise a reasonable or ordinary amount of care in a situation, thereby causing harm to someone Example- A person who plays with a loaded gun and kills a friend watching

Degrees of Murder In some states, negligent homicide can be brought up as “involuntary manslaughter” if the killing happened during crime The most common form of negligent homicide is vehicular homicide This occurs when any death is caused by reckless and grossly negligent driving

Degrees of Murder Any death that results careless driving may lead to a civil suit for damages Vehicular Manslaughter is usually not considered a criminal offense unless death results from gross negligence

Degrees of Murder Noncriminal Homicide is that is killing that is justified or excusable Therefore, the killer is deemed faultless Examples include: Killing of an enemy soldier in combat Killing a condemned prisoner by an executioner Killing by a police officer in a dangerous situation Self-Defense

Suicide Suicide is the deliberate taking of one’s life and was once considered a crime In courts now, suicide attempts are treated as “signs asking for help” However, if someone helps another commit suicide can be found guilty of the crime of manslaughter or murder

Suicide Facts Suicide occurs about every 15 minutes in the US In a typical year, there are more suicides then homicides in the US In 2004, suicide was the 3rd leading cause of death from ages 10-24 accounting for 4,599 deaths.

Kidnapping Kidnapping can also be “unlawful imprisonment” and “abduction” Kidnapping is taking away a person against that person’s will Unlawful Imprisonment is confining a person against the person’s will and in violation of the law

Kidnapping continued… Abduction involves taking away a person against that person’s will Again, all of these 3 terms are interchangeable Kidnapping …is Unlawful Imprisonment …and is also Abduction

Assault and Battery Assault is any attempt or threat to carry out a physical attack upon another person Battery is any unlawful physical contact inflicted by one person upon another person without consent

Assault and Battery continued… Assault and Battery have varying degrees of charges For example: Assault with intent to of robbery or murder are treated differently in many states Other examples include rage, anger, provocation, jealousy, substance influence, etc

Stalking and Cyberstalking…. Stalking occurs when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury To deal with stalking, most states now have anti-stalking laws in place In addition, many states also have laws against cyber stalking which criminalizes stalking and harassment using electronic communications

Bullying Bullying is a version of assault and battery in which peers or acquaintances intimidate, or put others in fear. In 2005, ONE in FOUR teens reported that they experienced some sort of bullying within the last 6 months 60 percent of boys from ages 6-9 that are identified as “bullies” had been convicted of at least one crime by age 24. A substantial number of those have males have been convicted of several crimes

Sexual Assault Sexual Assault is a specific kind of assault that can include rape or attempted rape Sexual assault includes a wide range of victimizations from verbal threats of a sexual nature to unwanted sexual contact between the victim and the offender Like assault and battery, sexual assault can be an attack that is either completed or attempted

Elements of Sexual Assault Elements of Sexual Assault can include: Contact without consent: grabbing or fondling May or may not include force Traditional male and female roles Modern male and female roles BOTH men and women are capable of committing sexual assault

Rape Traditionally rape and statutory rape have been separate crimes/ offenses Rape is the sexual intercourse without consent. An aggravated form of rape occurs when the perpetrator uses a weapon or some other form of force to compel the victim to have intercourse

Statutory Rape Statutory Rape is the sexual intercourse with someone under the legal age of consent. The legal age, or age of consent, from state to state varies as well as internationally.

Elements of “Statutory Rape” Consent being given is a NOT AN element The reasoning is that a “minor” is incapable of giving legal consent on the part of the victim. A male can be prosecuted for statutory rape of a minor even if the victim lied about his or her age Some states have revised their statutory rape laws by not charging people with the offense unless the perpetrator is several years older than the victim For forcible rape, there is no certain age used in defining the crime.

“Rape” into “Criminal Sexual Assault” Many states are in the transitional stages from turning their “rape” laws into “criminal sexual assault” laws Criminal Sexual Assault are a category of crimes that encompass sexual crimes such as rape, attempted rape, and statutory rape

Elements of “Rape” Consent NOT being given is a HUGE element There is NO consent if The victim is unconscious Mentally incompetent Or the Victims judgment is impaired from the influence of drugs and alcohol Criminal Sexual Assault are a category of crimes that encompass sexual crimes such as rape, attempted rape, and statutory rape.

Changing Criminal Sexual Assault Laws… The Laws regarding rape and criminal sexual assault are changing… The definition of forcible or statutory rape are changing especially with punishments Punishments can change with regards to: If the victim is over a certain age If the victim is under a certain age If the victim is disabled If the victim is threatened with a weapon, punishment may be more severe

Changing Criminal Sexual Assault Laws… In the past, rape cases WERE allowed to present evidence to the jury of the victim’s past. They could present evidence of the VICTIM’S past sexual behavior in order to show that he or she had probably consented to the act Most states and the federal government have passed “rape shield” laws which the victims past cannot be brought up.

Changing Criminal Sexual Assault Laws… To convict a person, some states require other proof that the act took place This can include: Account provided by the victim Testimony from a witness A doctor’s report that sexual intercourse took place Or a prompt police report

Changing Criminal Sexual Assault Laws… A new trend is to be more protective of victims and to make sure that the defendant, NOT THE VICTIM is put on trial However, then and now, the key element that needs to be established…

CONSENT!!!

Finally… In recent years, acquaintance rape, also known as date rape, has been used to describe a sexual assault by someone known to the victim Many victims of acquaintance rape do not report the assault One reason is perhaps because they do not realize an attack that occurs on a date or social encounter can in fact constitute a rape.