1. Chapter 9- Crimes against the person Mr. Kondrk

3. Homicide  The killing of one human being by another – criminal and non-criminal in nature  Most serious criminal homicide = murder  Killing with malice (intent to kill or seriously harm or acting in an extremely reckless manner – no regard for human life)  Reduction of murder charges are now done because of state’s classifications according to the state of mind and circumstances of the killer

4. Noncriminal Homicides  There are many cases in which a person is killed and the killer is considered faultless.  Some examples include: 1.A soldier who kills an enemy in combat 2.An executioner killing a condemned prisoner 3.A police officer killing a person posing a threat to society 4.Self-defense or defense of others 5.A doctor performing a medical procedure  However, in all of these cases, it really depends on the facts.  In any one of these examples, there still exists the possibility that a criminal homicide was committed.

5. Murder  First Degree:  Killing is premeditated, deliberate, done with malice  Felony murder:  Killing that takes place during a commission of certain felonies (arson, rape, robbery, etc…)  No intent to kill needed. Malice was present because it occurred during the felony  Most considered first degree murder

6. Murder  Second Degree:  Done with malice  Without premeditation or deliberation  Intent was not there until the moment of the murder (unplanned spontaneous)  Voluntary manslaughter:  Victim does something to the killer that would cause a reasonable person to lose self-control  Must occur after the provocation so there is no “cool down” period  Ex. Rage of cheating spouse, crime against children or family members  Punished less severely because of the concession to the frailty of the human character

7. Suicide  Today, we only punish attempted suicide.  However, someone who helps another commit suicide can be found guilty of a homicide.  The reason we do this is because most people view an attempted suicide as a cry for help.  The only legal way we can force a person to get psychological help against their wishes is to enter them through the legal system.  A person who attempts suicide can be held against his or her will for psychological testing and treatment.

8. Manslaughter/Neg Homicide  Involuntary manslaughter:  Unintentional killing resulting from reckless conduct (driving drunk, playing with a loaded gun)  Negligent homicide:  Causing death through criminal negligence  Failure to exercise reasonable care  Some state consider this involuntary manslaughter  Vehicular is the most common (careless driving)  Usually the above is punishable is a civil suit and not considered a criminal act unless the death results from gross negligence

9. Suicide  Teen suicide today is a serious issue.  According to the Centers for Disease Control (CDC) up to 9% of all teenagers attempt suicide.  There is one successful suicide every 15 minutes in the U.S.  If you or anyone you know is considering suicide, there are many resources out there to help.  These include: 1.The National Crisis Hotline at (800) 999-9999 2.The National Youth Crisis Hotline at (800) HIT-HOME (448-4663) or (800) 442-HOPE (442-4673) 3.www.suicidehotlines.com www.suicidehotlines.com

10. 10 Voluntary / Non-voluntary / Involuntary Involuntary: against the patient’s will – nobody defends it! Non-voluntary: the current desire of the patient is unknown because she is physically or mentally unable to express it Voluntary: in agreement with the patient’s will Assisted Suicide /Euthanasia Assisted Suicide: the person kills herself with a medication prescribed by a doctor Euthanasia: the doctor administers the medication

11. Is Physician Assisted Suicide Legal? According to assistedsuicide.org: “The only four places that today openly and legally, authorize active assistance in dying of patients, are:  Oregon (since l997, physician-assisted suicide only);  Switzerland (1941, physician and non-physician assisted suicide only);  Belgium (2002, permits 'euthanasia' but does not define the method;  Netherlands (voluntary euthanasia and physician- assisted suicide lawful since April 2002 but permitted by the courts since l984).”

12. U.S. Supreme Court Position  In 1997 a U.S. Supreme Court ruling held that Persons who are Physically unable to kill themselves but want to do so have no Constitutional right to end their lives. http://www.nndb.com

13. Dr. Jack Kevorkian  An Atheist physician from Pontiac, MI known as “Dr. Death” for assisting in approximately 130 physician assisted suicides since 1990  Served eight years of a 10-25 year prison sentence for assisted suicides  Has not changed his position since his release from prison.  http://www.nndb.com

14. Assault and Battery  Traditionally, a battery is any unlawful physical contact on another person without consent.  The contact has to be unlawful, meaning that it was not accidental, such as tripping and bumping into another person.  The contact does not have to be directly between the two people.  For example, you can commit a battery by throwing a rock and hitting another person or by pushing an object to bump into another much like a domino.  Additionally, even in a sport where physical contact is allowed, going beyond the normally accepted contact can be considered a battery

15. Assault and Battery  Traditionally, an assault is any threat or action that would make a person believe a battery is imminent.  Under traditional law, if you saw a punch coming, it was assault and battery (2 separate crimes). But, if you were hit from behind, it could only be a battery.  Today, most states use the terms interchangeably to mean an unlawful contact on another.  Today, most states now have separate terrorist threat laws to deal with that aspect of assault.  Additionally, most states now have separate hate crime laws that specifically punish people for making threats against others based on their race, gender, religion, age, disability or sexual orientation.

16. Aggravated Assault and Battery  Most states have separate crimes for aggravated assault and battery.  Aggravated assaults and batteries are punished much more than normal assaults and batteries.  An aggravated assault can occur in several ways: 1.Using a weapon during the assault and battery 2.Committing an additional felony such as a robbery during the assault and battery 3.Committing or intending to commit great bodily injury during the assault and battery  In NJ, using a weapon during the commission of a battery will result in an enhanced punishment which can add many years to the criminal sentence.

17. Stalking  Stalking is a growing problem in today’s society.  Stalking occurs when a person repeatedly follows or harasses another person and makes threats that cause the victim to fear death or bodily injury.  There is a growing problem of cyber-stalking in which the threats and following are done via the internet.  Unfortunately, women are most often the victims of stalking and males are usually the perpetrators.  Most states now have anti- stalking laws.  And, in most states it is fairly easy to get a restraining order against a stalker.

18. Sexual Assault  Sexual assault is a specific type of assault that includes rape or attempted rape.  Sexual assault occurs whenever there is unlawful contact of a sexual nature and includes grabbing or fondling.  A sexual assault can be an attempted or completed crime.  A person does not need to use force in order to commit a sexual assualt.  Both males and females can be either the victim or perpetrator of a sexual assault.

19. Rape  Rape is any sexual intercourse without consent.  Consent can NEVER be given by someone who is: 1.Underage 2.Unconscious 3.Mentally Incompetent 4.Under the Influence of Drugs or Alcohol  In a rape, the victim and the perpetrator can be of either sex.  So, males can be raped by females, females can be raped by females, and males can be raped by males.  No force is necessary for a rape to occur. All that matters is that the sexual intercourse occurred without consent.  However, if the perpetrator uses force or a weapon, most states will consider it an aggravated rape.

20. Statutory Rape  In most states, a person below a certain age can never consent to sexual intercourse.  In a statutory rape case, the parent/guardian can decide to pursue charges even if the victim does not wish to do so and the victim can be forced to testify.  The age of consent varies by state, but generally ranges for the ages of 14 to 18.  In New Jersey, the age of consent is 16, but individuals who are at least 13 years of age can legally engage in sexual activities if the defendant is less than 4 years older than the victim.  Statutory rape in New Jersey has two stipulations. Under the first stipulation, if an individual who is over the age of 18 acts in statutory rape in New Jersey and it is considered as aggravated sexual assault with an individual who is under the age or 13, they will spend 10 to 20 years in prison. In other states, the age may be different.  Second stipulation: Sexual assault is sexual penetration with a victim between age 13 and 16 when the actor is at least four years older.

21. Statutory Rape continued..  In a statutory rape case, it does not matter what the victim says his/her age was. All that matters is the actual age of the victim at the time of the intercourse.  In many jurisdictions, there is a growing trend not to prosecute statutory rape for people who are close in age.  This is due to juries tending not to convict high school sweethearts.  However, a statutory rape case can be made even if the victim was 1 day shy of his/her birthday.  Statutory rape is a strict liability crime.  That means that there are no defenses to this crime!

22. Date Rape  As noted earlier, the CDC reports that in 8 out of 10 cases, the victim knew the rapist.  High school and college women are 4 times more likely to be the victim of rape.  As stated earlier, a rape can and does occur without force or threat of force.  No means No!  The perpetrator of a date rape does not need to use drugs or alcohol in order to commit rape.  However, most date rapes do occur when the victim has been drinking or under the influence of drugs.  If you are the victim of a rape, there are many resources to help.  You can call 911 for the police  You can call (800) 656-HOPE (656- 4673)  You can visit www.rainn.org www.rainn.org

23. Rape: Punishment  Each and every sexual act performed in a rape is a separate crime.  So, one rape can lead to many counts of rape being brought as criminal charges.  Each count of rape results in separate punishment.  Additionally, a rape can also lead to a kidnapping charge since the victim is often held against his/her will.  Many states have additional punishments if the rape victim was extremely young, old, disabled, or threatened with a weapon.  As part of the punishment, most states require rapists to register with the police within 10 days of moving into a new area for the rest of their lives.  Also, sexual predators may be prohibited from living in many areas, such as close to schools.  http://www.njsp.org/info/reg_sexoffend.html