Chapter 9- Crimes Chapter 9- Crimes against the personagainst the personMr. KondrkMr. Kondrk

HomicideHomicide The killing of one human being by another – The killing of one human being by another –

criminal and non-criminal in naturecriminal and non-criminal in nature Most serious criminal homicide = murderMost serious criminal homicide = murder Killing with malice (intent to kill or seriously Killing with malice (intent to kill or seriously

harm or acting in an extremely reckless harm or acting in an extremely reckless manner – no regard for human life)manner – no regard for human life)

Reduction of murder charges are now done Reduction of murder charges are now done because of state’s classifications according to because of state’s classifications according to the state of mind and circumstances of the the state of mind and circumstances of the killerkiller

Noncriminal HomicidesNoncriminal Homicides There are many cases in which a There are many cases in which a

person is killed and the killer is person is killed and the killer is considered faultless.considered faultless.

Some examples include:Some examples include:1.1. A soldier who kills an enemy in A soldier who kills an enemy in

combatcombat2.2. An executioner killing a An executioner killing a

condemned prisonercondemned prisoner3.3. A police officer killing a person A police officer killing a person

posing a threat to societyposing a threat to society4.4. Self-defense or defense of Self-defense or defense of

othersothers5.5. A doctor performing a medical A doctor performing a medical

procedureprocedure However, in all of these cases, it However, in all of these cases, it

really depends on the facts. really depends on the facts. In any one of these examples, In any one of these examples,

there still exists the possibility there still exists the possibility that a criminal homicide was that a criminal homicide was committed.committed.

MurderMurder First Degree:First Degree:

Killing is premeditated, deliberate, done with Killing is premeditated, deliberate, done with malicemalice

Felony murder:Felony murder: Killing that takes place during a commission of Killing that takes place during a commission of

certain felonies (arson, rape, robbery, etc…)certain felonies (arson, rape, robbery, etc…) No intent to kill needed. Malice was present No intent to kill needed. Malice was present

because it occurred during the felonybecause it occurred during the felony Most considered first degree murderMost considered first degree murder

MurderMurder Second Degree:Second Degree:

Done with maliceDone with malice Without premeditation or deliberationWithout premeditation or deliberation Intent was not there until the moment of the murder (unplanned Intent was not there until the moment of the murder (unplanned

spontaneous)spontaneous) Voluntary manslaughter:Voluntary manslaughter:

Victim does something to the killer that would cause a reasonable Victim does something to the killer that would cause a reasonable person to lose self-controlperson to lose self-control

Must occur after the provocation so there is no “cool down” periodMust occur after the provocation so there is no “cool down” period Ex. Rage of cheating spouse, crime against children or family Ex. Rage of cheating spouse, crime against children or family

membersmembers Punished less severely because of the concession to the frailty of Punished less severely because of the concession to the frailty of

the human characterthe human character

SuicideSuicide Today, we only punish Today, we only punish

attempted suicide.attempted suicide. However, someone who However, someone who

helps another commit helps another commit suicide can be found guilty suicide can be found guilty of a homicide.of a homicide.

The reason we do this is The reason we do this is because most people view an because most people view an attempted suicide as a cry for attempted suicide as a cry for help.help.

The only legal way we can The only legal way we can force a person to get force a person to get psychological help against psychological help against their wishes is to enter them their wishes is to enter them through the legal system.through the legal system.

A person who attempts suicide A person who attempts suicide can be held against his or her can be held against his or her will for psychological testing will for psychological testing and treatment.and treatment.

Manslaughter/Neg Manslaughter/Neg HomicideHomicide

Involuntary manslaughter:Involuntary manslaughter: Unintentional killing resulting from reckless conduct Unintentional killing resulting from reckless conduct

(driving drunk, playing with a loaded gun)(driving drunk, playing with a loaded gun) Negligent homicide:Negligent homicide:

Causing death through criminal negligenceCausing death through criminal negligence Failure to exercise reasonable careFailure to exercise reasonable care Some state consider this involuntary manslaughterSome state consider this involuntary manslaughter Vehicular is the most common (careless driving)Vehicular is the most common (careless driving) Usually the above is punishable is a civil suit and not Usually the above is punishable is a civil suit and not

considered a criminal act unless the death results from considered a criminal act unless the death results from gross negligencegross negligence

SuicideSuicide Teen suicide today is a serious Teen suicide today is a serious

issue.issue. According to the Centers for According to the Centers for

Disease Control (CDC) up to 9% Disease Control (CDC) up to 9% of all teenagers attempt suicide.of all teenagers attempt suicide.

There is one successful suicide There is one successful suicide every 15 minutes in the U.S.every 15 minutes in the U.S.

If you or anyone you know is If you or anyone you know is considering suicide, there are considering suicide, there are many resources out there to many resources out there to help.help.

These include:These include:1.1. The National Crisis Hotline at The National Crisis Hotline at

(800) 999-9999(800) 999-99992.2. The National Youth Crisis The National Youth Crisis

Hotline at (800) HIT-HOME Hotline at (800) HIT-HOME (448-4663) or (800) 442-HOPE (448-4663) or (800) 442-HOPE (442-4673)(442-4673)

3.3. www.suicidehotlines.comwww.suicidehotlines.com

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Voluntary / Non-voluntary / InvoluntaryInvoluntary: 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 itVoluntary: in agreement with the patient’s will

Assisted Suicide /EuthanasiaAssisted Suicide: the person kills herself with a medication

prescribed by a doctorEuthanasia: the doctor administers the medication

Is Physician Assisted Is Physician Assisted Suicide Legal?Suicide Legal?

According to assistedsuicide.org: According to assistedsuicide.org: ““The only four places that today The only four places that today openlyopenly and and legally,legally,authorize active assistance in dying of patients, are:authorize active assistance in dying of patients, are: OregonOregon (since l997, physician-assisted suicide only); (since l997, physician-assisted suicide only); SwitzerlandSwitzerland (1941, physician and non-physician (1941, physician and non-physician

assisted suicide only); assisted suicide only); BelgiumBelgium (2002, permits 'euthanasia' but does not (2002, permits 'euthanasia' but does not

define the method; define the method; NetherlandsNetherlands (voluntary euthanasia and physician- (voluntary euthanasia and physician-

assisted suicide lawful since April 2002 but permitted assisted suicide lawful since April 2002 but permitted by the courts since l984).” by the courts since l984).”

U.S. Supreme Court U.S. Supreme Court PositionPosition

In 1997 a U.S. In 1997 a U.S. Supreme Court ruling Supreme Court ruling held that Persons who held that Persons who are Physically unable are Physically unable to kill themselves but to kill themselves but want to do so have no want to do so have no Constitutional right to Constitutional right to end their lives.end their lives.

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Dr. Jack KevorkianDr. Jack Kevorkian An Atheist physician from An Atheist physician from

Pontiac, MI known as “Dr. Pontiac, MI known as “Dr. Death” for assisting in Death” for assisting in approximately 130 approximately 130 physician assisted physician assisted suicides since 1990suicides since 1990

Served eight years of a Served eight years of a 10-25 year prison 10-25 year prison sentence for assisted sentence for assisted suicidessuicides

Has not changed his Has not changed his position since his release position since his release from prison.from prison.

http://www.nndb.comhttp://www.nndb.com

Assault and BatteryAssault and Battery Traditionally, a Traditionally, a batterybattery is any is any

unlawful physical contact on unlawful physical contact on another person without consent.another person without consent.

The contact has to be unlawful, The contact has to be unlawful, meaning that it was not meaning that it was not accidental, such as tripping and accidental, such as tripping and bumping into another person.bumping into another person.

The contact does not have to be The contact does not have to be directly between the two people. directly between the two people.

For example, you can commit a For example, you can commit a battery by throwing a rock and battery by throwing a rock and hitting another person or by hitting another person or by pushing an object to bump into pushing an object to bump into another much like a domino.another much like a domino.

Additionally, even in a sport Additionally, even in a sport where physical contact is allowed, where physical contact is allowed, going beyond the normally going beyond the normally accepted contact can be accepted contact can be considered a batteryconsidered a battery

Assault and BatteryAssault and Battery Traditionally, an Traditionally, an assaultassault is any is any

threat or action that would make a threat or action that would make a person believe a battery is person believe a battery is imminent. imminent.

Under traditional law, if you saw Under traditional law, if you saw a punch coming, it was assault a punch coming, it was assault and battery (2 separate crimes). and battery (2 separate crimes). But, if you were hit from behind, But, if you were hit from behind, it could only be a battery.it could only be a battery.

Today, most states use the terms Today, most states use the terms interchangeably to mean an interchangeably to mean an unlawful contact on another.unlawful contact on another.

Today, most states now have Today, most states now have separate terrorist threat laws to deal separate terrorist threat laws to deal with that aspect of assault.with that aspect of assault.

Additionally, most states now have Additionally, most states now have separate hate crime laws that separate hate crime laws that specifically punish people for specifically punish people for making threats against others based making threats against others based on their race, gender, religion, age, on their race, gender, religion, age, disability or sexual orientation.disability or sexual orientation.

Aggravated Assault and Aggravated Assault and BatteryBattery Most states have separate crimes Most states have separate crimes

for aggravated assault and for aggravated assault and battery.battery.

Aggravated assaults and batteries Aggravated assaults and batteries are punished much more than are punished much more than normal assaults and batteries.normal assaults and batteries.

An aggravated assault can occur An aggravated assault can occur in several ways:in several ways:

1.1. Using a weapon during the Using a weapon during the assault and batteryassault and battery

2.2. Committing an additional Committing an additional felony such as a robbery felony such as a robbery during the assault and batteryduring the assault and battery

3.3. Committing or intending to Committing or intending to commit great bodily injury commit great bodily injury during the assault and batteryduring the assault and battery

In NJ, using a weapon during the In NJ, using a weapon during the commission of a battery will commission of a battery will result in an enhanced punishment result in an enhanced punishment which can add many years to the which can add many years to the criminal sentence.criminal sentence.

StalkingStalking Stalking is a growing problem in Stalking is a growing problem in

todaytoday’’s society.s society. Stalking occurs when a person Stalking occurs when a person

repeatedly follows or harasses repeatedly follows or harasses another person and makes another person and makes threats that cause the victim to threats that cause the victim to fear death or bodily injury.fear death or bodily injury.

There is a growing problem of There is a growing problem of cyber-stalking in which the cyber-stalking in which the threats and following are done threats and following are done via the internet.via the internet.

Unfortunately, women are most Unfortunately, women are most often the victims of stalking and often the victims of stalking and males are usually the males are usually the perpetrators.perpetrators.

Most states now have anti-Most states now have anti-stalking laws.stalking laws.

And, in most states it is fairly And, in most states it is fairly easy to get a restraining order easy to get a restraining order against a stalker.against a stalker.

Sexual AssaultSexual Assault Sexual assault is a specific Sexual assault is a specific

type of assault that includes type of assault that includes rape or attempted rape.rape or attempted rape.

Sexual assault occurs Sexual assault occurs whenever there is unlawful whenever there is unlawful contact of a sexual nature and contact of a sexual nature and includes grabbing or fondling.includes grabbing or fondling.

A sexual assault can be an A sexual assault can be an attempted or completed attempted or completed crime.crime.

A person does not need to A person does not need to use force in order to commit a use force in order to commit a sexual assualt.sexual assualt.

Both males and females can Both males and females can be either the victim or be either the victim or perpetrator of a sexual perpetrator of a sexual assault.assault.

RapeRape Rape is any sexual intercourse without Rape is any sexual intercourse without

consent.consent. Consent can NEVER be given by Consent can NEVER be given by

someone who is:someone who is:1.1. UnderageUnderage2.2. UnconsciousUnconscious3.3. Mentally IncompetentMentally Incompetent4.4. Under the Influence of Drugs or Under the Influence of Drugs or

AlcoholAlcohol In a rape, the victim and the perpetrator In a rape, the victim and the perpetrator

can be of either sex.can be of either sex. So, males can be raped by females, So, males can be raped by females,

females can be raped by females, females can be raped by females, and males can be raped by males.and males can be raped by males.

No force is necessary for a rape to No force is necessary for a rape to occur. All that matters is that the sexual occur. All that matters is that the sexual intercourse occurred without consent.intercourse occurred without consent.

However, if the perpetrator uses However, if the perpetrator uses force or a weapon, most states will force or a weapon, most states will consider it an aggravated rape.consider it an aggravated rape.

Statutory RapeStatutory Rape In most states, a person below a certain age can never consent to In most states, a person below a certain age can never consent to

sexual intercourse.sexual intercourse. In a statutory rape case, the parent/guardian can decide to pursue 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 charges even if the victim does not wish to do so and the victim can be forced to testify.can be forced to testify.

The age of consent varies by state, but generally ranges for the The age of consent varies by state, but generally ranges for the ages of 14 to 18. ages of 14 to 18.

In New Jersey, the age of consent is 16, but individuals who are 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 at least 13 years of age can legally engage in sexual activities if the defendant is less than 4 years older than the victim.the defendant is less than 4 years older than the victim.

Statutory rape in New Jersey has two stipulations. Under the Statutory rape in New Jersey has two stipulations. Under the first stipulation, if an individual who is over the age of 18 acts in 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 statutory rape in New Jersey and it is considered as aggravated sexual assault with an individual who is under the age or 13, sexual assault with an individual who is under the age or 13, they will spend 10 to 20 years in prison. they will spend 10 to 20 years in prison.  In other states, the age In other states, the age may be different.may be different.

Second stipulation: Sexual assault is sexual penetration with a Second stipulation: Sexual assault is sexual penetration with a victim between age 13 and 16 when the actor is at least four victim between age 13 and 16 when the actor is at least four years older.years older.

Statutory Rape Statutory Rape continued..continued..

In a statutory rape case, it does not matter what the victim 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 says his/her age was. All that matters is the actual age of the victim at the time of the intercourse.victim at the time of the intercourse.

In many jurisdictions, there is a growing trend not to In many jurisdictions, there is a growing trend not to prosecute statutory rape for people who are close in age.prosecute statutory rape for people who are close in age. This is due to juries tending not to convict high school This is due to juries tending not to convict high school

sweethearts.sweethearts. However, a statutory rape case can be made even if the However, a statutory rape case can be made even if the

victim was 1 day shy of his/her birthday.victim was 1 day shy of his/her birthday. Statutory rape is a strict liability crime.Statutory rape is a strict liability crime.

That means that there are no defenses to this crime!That means that there are no defenses to this crime!

Date RapeDate Rape As noted earlier, the CDC reports that in 8 As noted earlier, the CDC reports that in 8

out of 10 cases, the victim knew the out of 10 cases, the victim knew the rapist.rapist.

High school and college women are 4 High school and college women are 4 times more likely to be the victim of rape.times more likely to be the victim of rape.

As stated earlier, a rape can and does As stated earlier, a rape can and does occur without force or threat of force.occur without force or threat of force.

No means No!No means No! The perpetrator of a date rape does not The perpetrator of a date rape does not

need to use drugs or alcohol in order to need to use drugs or alcohol in order to commit rape.commit rape.

However, most date rapes do occur However, most date rapes do occur when the victim has been drinking or when the victim has been drinking or under the influence of drugs.under the influence of drugs.

If you are the victim of a rape, there are If you are the victim of a rape, there are many resources to help.many resources to help.

You can call 911 for the policeYou can call 911 for the police You can call (800) 656-HOPE (656-You can call (800) 656-HOPE (656-

4673)4673) You can visit www.rainn.orgYou can visit www.rainn.org

Rape: PunishmentRape: Punishment Each and every sexual act performed in a rape Each and every sexual act performed in a rape

is a separate crime.is a separate crime. So, one rape can lead to many counts of So, one rape can lead to many counts of

rape being brought as criminal charges.rape being brought as criminal charges. Each count of rape results in separate Each count of rape results in separate

punishment.punishment. Additionally, a rape can also lead to a Additionally, a rape can also lead to a

kidnapping charge since the victim is often kidnapping charge since the victim is often held against his/her will.held against his/her will.

Many states have additional punishments if Many states have additional punishments if the rape victim was extremely young, old, the rape victim was extremely young, old, disabled, or threatened with a weapon.disabled, or threatened with a weapon.

As part of the punishment, most states require As part of the punishment, most states require rapists to register with the police within 10 rapists to register with the police within 10 days of moving into a new area for the rest of days of moving into a new area for the rest of their lives.their lives.

Also, sexual predators may be prohibited from Also, sexual predators may be prohibited from living in many areas, such as close to living in many areas, such as close to schools.schools.

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