1. Crimes Against the Person
Chapter 9

2. 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.

3. 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)

4. 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

5. 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

6. 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

7. 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.

8. 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.

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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 accounting for 4,599 deaths.

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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.

27. 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.

28. “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

29. 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.

30. 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

31. 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.

32. 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

33. 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…

34. CONSENT!!!

35. 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.