Crimes Against the Person Crimes against the person include homicide, kidnapping, assault, battery, robbery, and rape The law protects the defendant from overly harsh penalties by defining various levels of some of these crimes & by considering the circumstance of each offense

Homicide: the killing of one human being by another The most serious of all crimes against the person Homicides may be either criminal or non- criminal Criminal homicide is committed with intent or a plan It also considered criminal homicide if a person’s reckless actions, without regard to human life, result in the killing of another person

Noncriminal homicide can be classified as either “excusable” or “justifiable” and is not subject to criminal charges

Murder is the most serious form of criminal homicide. To be convicted of murder there must be “malice” Malice: ill will; deliberate intent to harm There was a time where there were no degrees of murder To reduce the punishment for less-grievous homicides, most states now have statues that classify murder according to the killer’s state of mind or circumstances surrounding the crime

First-degree murder: Killing that is premeditated (thought about beforehand), deliberate and done with malice Felony Murder: any killing that takes place while committing another serious felony (arson, rape, robbery, or burglary) Intent does not matter. Malice is presumed because the homicide occurred during a felony, even if it was accidental

Second-degree murder: Killing that is done with malice, but without premeditation The intent to kill does not exist until the moment of the murder. The punishment is not as severe as first-degree murder

Voluntary manslaughter: 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

Involuntary manslaughter: killing without intent that results from reckless behavior

Kidnapping: Taking away a person against the person’s will Also known as unlawful imprisonment or abduction When the victim is taken across state lines, this act also violates federal criminal law

Assault & Battery Assault: any attempt or threat to carry out a physical attack on another person Battery: any unlawful physical contact inflicted on someone without their consent Actually injury is not necessary to get convicted of battery The only requirement is that the person must have intended to do bodily harm Today there is not much difference in the law between assault and battery

Just like there are degrees of murder, there are also different classifications for assault and battery Many states have separate statutes for assault with intent to rob and assault with intent to murder

Stalking Stalking: The act of following or harassing another person, causing fear of death or injury Women are the targets of most stalking cases To deal with this problem, most states now have anti-stalking laws

Bullying is sometimes seen a “gateway behavior” Bullying: a version of assault & battery in which peers or acquaintances intimidate or put others in fear Bullying is sometimes seen a “gateway behavior” In one study, nearly 60% of boys whom researches identified as bullies in grade 6-9 had been convicted of at least on crime by the age of 24

Rape & Sexual Assault Sexual assault is a specific kind of assault that can include rape or attempted rape It can include a wide range of victimizations from verbal threats of a sexual nature to unwanted sexual contact Like assault & battery, sexual assault can be an attack that is either completed or attempted

Rape: sexual penetration without consent Aggravated rape occurs when the perpetrator uses a weapon or some other form of force to complete the assault Statutory rape: intercourse with someone under the legal age of consent The legal age of consent varies from state to state

In the past, defendants in rape cases were allowed to present evidence to the jury about the victim’s past sexual behavior and reputation in order to show that he or she had probably consented to the act. Most states have passed “rape shield” laws which prohibit the use of that type of evidence To convict a person of rape, many states require conformation of the account provided by the victim, including testimony of a witness, a doctor’s report that sexual intercourse took place, or a police report

Acquaintance rape (AKA “date rape”): sexual assault by someone known to the victim, such as a date or neighbor

Crimes Against Property Crimes against property are crimes in which property is destroyed and in which property is taken against eh will of the owner Arson: The willful & malicious burning of a person’s property In most states it is a crime to burn property that someone owns

Vandalism: The willful destruction of, or damage to, the property of another It includes breaking windows, tearing down fences, and graffiti among other things Depending on the extent of the damage, vandalism can be either a felony or a misdemeanor

Larceny: The taking away of the property of another person against his or her will In most states, larceny is divided into two classes –grand & petty Grand larceny involves theft of anything above a certain value, sometimes over 100, & is a felony Petty larceny involves theft of anything below a certain value, sometimes less than 100, & is a misdemeanor

Robbery: The taking of property from a person's immediate possession by force or intimidation It is both a crime against property and a crime against the person Burglary: The unauthorized entry into any structure with the intent to commit a crime

Larceny also includes keeping lost property when a reasonable method exists for finding the owner. Ex. If you find a wallet that contains the ID of its owner but nevertheless decide to keep it, you have committed larceny. Likewise, you may be convicted of larceny is you keep something that was delivered to you by mistake

Embezzlement: The taking of property by someone to whom it was entrusted Ex. A bank teller who takes money from the cash drawer or a stockbroker who takes money that should have been invested are both guilty of embezzlement https://www.youtube.com/watch?v=_dAymCn6w TA

Extortion: The use of threats to obtain the property of another Extortion statutes generally cover threats to do physical harm, destroy property, or injure someone’s character or reputation https://www.youtube.com/watch?v=1Expe7hf6M U

Forgery: A crime in which a person falsely makes or alters a writing of document with the intent to defraud

Receiving stolen property is also a crime agains property Receiving stolen propter: receiving or buying property that is known or reasonably believed to be stolen Knowledge that the property is stolen may be implied by the circumstances Ex. Buying goods out of the trunk of a car or for a price that is unreasonably low

Carjacking: The taking of someone else’s car by force or intimidation