STREET LAW

UNIT 2: Criminal Law & Juvenile Justice

Chapter 9

Crimes Against the Person

Crimes against the person include HomicideAssault/Sexual AssaultBatteryRapeKidnappingFalse ImprisonmentMayhem

They are all serious offenses that can result in harsh punishments

Various levels of these crimes have been defined by law in order to protect the defendant from overly harsh penalties

In addition, the circumstances of each offense are considered in sentencingVarying circumstances may influence the severity

of the sentence

Homicide   Homicide—the killing of one human being by

another—is considered the most serious of all acts

It can be classified as criminal or non-criminalCriminal homicide is committed with intent, or a planIt is also considered criminal homicide if a person’s

reckless actions, w/o regard for human life, result in the killing of another person

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

Homicide CrimesMurder/Felony MurderManslaughterNegligent HomicideVehicular Homicide

Criminal Homicide

MurderKilling that is done with malice

(the most serious form) ○ Malice means having the intent to kill or seriously harm

another person or acting in an extremely reckless manner which shows a lack of regard for human life

It may be classified as first-degree, felony murder, or second-degree, depending on○ the level of premeditation,○ the killer’s state of mind, and/or○ the circumstances that preceded the crime

First-degree murderKilling that is

○ premeditated (thought about beforehand),○ deliberate,○ & done w/malice

An action w/an intent to kill or cause severe bodily injury or w/a depraved indifference to human life

Premeditation & deliberation can occur very close to the time of the homicide

Felony murderAny killing that takes place during the commission

of certain felonies, such as arson, rape, robbery, or burglary

Not necessary to prove intentMalice is presumed because the homicide

occurred during the felony—even if the killing was accidental

Most states consider felony murder to be 1st degree murder

Second-degree murderKilling that is done w/malice, but w/o premeditation

or deliberationThe intent to kill didn’t exist until the moment of the

murderIncludes intentional but spontaneous killings that

are unplanned

Voluntary manslaughterKilling that would otherwise be 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○ Killing someone in a violent argument w/o 1st planning to do so○ Words alone (no matter how offensive) don’t reduce the

severity of murder to voluntary manslaughter○ The killing must occur just after the provocation so that the killer

didn’t have an opportunity to “cool down” A person discovers his/her spouse w/someone else & that person kills the

spouse’s lover in a jealous rage

Punished less severely than murder as a concession to the frailty of human character

Involuntary manslaughterKilling in which there is no intent to kill at all

○ Unintentional killing resulting from conduct so reckless that it causes extreme danger of death or bodily injuryKilling that results from playing w/a gun known to be loaded

Negligent homicideCausing death through criminal negligence

○ Negligence is the failure to exercise a reasonable or ordinary amount of care in a situation, thereby causing harm to someoneVehicular homicide—killing that results from operating a motor

vehicle in a reckless & grossly negligent manner- Any death that results from careless driving may lead to a

civil suit for damages, but it is usually not considered a crime unless the death results from gross negligence

Non-criminal Homicide

Killing that is justifiable or excusable & for which the killer is deemed faultlessThe killing of an enemy soldier in wartimeThe killing of a condemned criminal by an

executionerThe killing by a police officer of a person who is

committing a serious crime & who poses a threat of death or serious harm

A killing performed in self-defense or in defense of another person

Suicide   The deliberate taking of one's own life

Was once considered a crime—now prohibits only attempted suicide

Most courts generally treat attempted suicide as a plea for help & demand that the individual seek treatment

The courts may order a psychological examination or treatment for someone who has attempted suicide

Someone who helps another person commit suicide can, however, be found guilty of the crime of murder or manslaughter

Statistics

Suicide took the lives of 29,350 Americans in 2000

An average of 10.6 out of every 100,000 persons died by suicide

The total number of suicides was 29,350(1.2 percent of all deaths)

More people die from suicide than from homicide

In 2000, there were 1.7 times as many suicides as homicides

Overall, suicide is the 11th leading cause of death for all Americans, & is the 3rd leading cause of death for young people ages 15 to 24, behind unintentional injury & homicide19% of teens in grades 9-12 reported seriously

considering suicide (2001)15% made a plan to commit suicide9% attempted suicide

On average, a HS student succeeds in killing him/herself every 15 minutes

Persons under age 25 accounted for 15 percent of all suicides in 2000

Suicide rates increase with age & are highest among Americans ages 65 years & older

In 2000, firearms were the most common method of suicide by both males & females

Males are more than 4X more likely (8th leading cause of death in 2000) to die from suicide than are females (19th leading cause of death)

However, females are 3X more likely to attempt suicide than males

During the period from 1979-1992, suicide rates for Native Americans were about 1.5X higher than the National rate“Native Americans” is a category that includes

American Indians & Alaska Natives, with males ages 15 to 24 accounting for 64% of all suicides by Native Americans

In 2000, suicide among white & African American males was significantly higher than for females of the same race

However, overall suicide rates for both white males & females were greater than those for African American males & females

Although white teens still have a higher rate of suicide, the gap is narrowing

Suicides by gay, lesbian, bisexual, & transgender teens are substantially higher than other groups of teensOften, the internalization of society’s negative, hostile, &

degrading attitude toward gay, lesbian, bisexual, & transgender individuals leads to feelings of despair, low self-image, low self-esteem, substance abuse, & depression

These risk factors are usually more profound within this group, thus doubling the already alarming likelihood of suicidal behavior & suicide, which already exists among heterosexual youth

Strategies

If you suspect that someone you know is considering suicide:Always take a person who talks about suicide

seriouslyDo not enter into any secret pacts—if a friend

asks you not to tell anyone, respond that you care too much not to tell someone

If you are afraid that telling someone might ruin your friendship, remember that not having the friend around at all would be far worse

Tell someone! This could be a teacher, counselor, parent, or other trusted adult

Realize that you are not trained to handle this kind of situation, so it is best to put it into the hands of someone who is

Encourage the person who is considering suicide to make concrete plans for the future, including the next time you will see each other

Making plans with him or her for a future date will provide the person with comfort, hope, & direction

It may also provide some time for the person to get professional help

Above all—remember that you can only do so much

If a person truly wants to take his or her life, there is really no way to prevent it—the final decision is that of the individual

Assault & Battery   The law often treats assault & battery as very similar

crimesAssault—an attempt or threat to carry out a physical attack

upon another personBattery—any unlawful physical contact inflicted by one person

upon another person without consent○ Even if actual injury does not occur, a person may be charged

with battery if he or she intended to harm the other person○ Aggravated battery is often defined by the harm inflicted—an

unarmed assault that results in a serious physical injury is an aggravated battery rather than a simple assault

These crimes—which include simple assault, stalking, & sexual assault—are classified according to how severe they are

StalkingOccurs when a person repeatedly follows or

harasses another person & makes threats, causing the victim to fear death or bodily injury

Women are most often the targetsMost states have anti-stalking laws

Sexual assaultA specific kind of assault that can include rape or

attempted rapeIncludes a wide range of victimizations from verbal

threats of a sexual nature to unwanted sexual contact

Can be an attack that is either completed or attempted○ May include grabbing, & may, but does not have to,

involve force

Rape  

The law generally has recognized rape & statutory rape as separate crimesRape—sexual intercourse w/o consent

○ Aggravated rape occurs when the perpetrator uses a weapon or some other form of force to compel the victim to have intercourse

○ There is no consent if the victim is unconscious or mentally incompetent or if drugs or alcohol impair the victim’s judgment

Statutory rape—intercourse between an adult & a minor○ Lack of consent is not an element of the crime○ The crime is based on the notion that a minor is

incapable of giving legal consent○ A male can be prosecuted for statutory rape with a

minor even if the female lied about her age

Rape laws recognize that either males or females can commit or be victims of this crime

This area of law is in transition, however, as many states are replacing their rape laws with criminal sexual assault laws

When the victim is under a certain age, over a certain age, disabled, or threatened with a weapon, punishment may be more severe

Young people are more likely to be victims of rape than any other age group

Between 1/4 & 1/3 of the rape victims each year are 12 - 19 years old

Roughly 1 in 6 women report that they experienced a rape or attempted rape

Rape is believed to be one of the least reported crimesMale rape victims have been even more reluctant

to report this crime to the policeApproximately 10% of rape victims are boys or

menApproximately 3% of American men have been

victims of rape or attempted rape in their lifetime

Reasons Why People Are Reluctant to Report Rape Many people feel embarrassed or ashamed

after being the victim of rape Some people fear that they will be treated

insensitively by those who investigate their claim

In response, many police departments have created special units to investigate sex crimes & to refer victims to social services agencies that can offer support

Some people believe the criminal justice systems has a poor record regarding rape prosecutions

Many times prosecutors are reluctant to pursue a case in which the victim knows the assailant because they do not believe they can win the case

Some people worry that a trial might bring back difficult memories & subject them to invasive questions

In some states, victims may be subject to tough cross-examination by defense attorneys, including questioning about their prior sexual conduct

The trend has been to be more protective of victims—that is, to make sure the defendant & not the victim is put on trial

Attorneys do this in an attempt to establish that a victim’s past sexual relations with other persons are relevant to whether or not the victim consentedThe trend, by court decision & statute, is to rule

evidence of past sexual relations with persons other than the defendant as irrelevant

Many states have enacted “rape shield” laws to protect victims from this type of questioning

Some people feel further victimized because, to obtain a conviction, some state laws also require other evidence, called corroboration, in addition to the testimony of the victimThis means confirmation or support for the story of the

victim, including testimony of a witness, a doctor’s report that sexual intercourse took place, or a prompt report to the police

These laws have been criticized by those who argue that it should not be more difficult to get a conviction for rape than for any other crime

Acquaintance rapeAKA date rape—a sexual assault by someone

known to the victimMany victims don’t report the assault—this may be

because they do not realize an attack that occurs on a date can in fact constitute a rape

Differing State Laws

Some state laws are gender-neutral; others only protect females from rape &/or statutory rape

Some states don’t allow the prosecution of one spouse who forces the other to have sex

States have different interpretations of what constitutes statutory rape