Crimes Against the Person

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1 Crimes Against the Person Chapter 9 Objectives 1. Explain how the law protects defendants accused of crimes from overly harsh penalties. 2. Describe the legal relationship among malice, premeditation, and the crimes of first-degree and second-degree murder. 3. Differentiate first-degree murder, felony murder, and second-degree murder 4. Describe the legal consequences for those who assist someone else in committing suicide. 5. Identify statistics that underscore why teen suicide is of serious concern to American society. 6. Identify resources available to people who feel suicidal. 7. Define the term suicide. 8. Describe the significance of actual injury in the crimes of assault and battery. 9. Show how differing degrees of seriousness are reflected in legal classifications of types of assault and battery. 10. Define the terms assault, battery, stalking, and sexual assault. 11. Distinguish between forcible rape and statutory rape. 12. Explain the reason why consent is not relevant in cases of statutory rape. 13. Explain the purpose of rape shield laws. 14. Describe proof that may be required for a rape conviction. 15. Explain why victims of rape-including acquaintance rape-may be hesitant to report the crime. 16. Define the terms rape, statutory rape, acquaintance rape, and date rape. 1

2 I. Homicide A. Two types 1. Criminal Homicide a. definedb. 2. Noncriminal Homicide a. definedb. not (The killing of one human being by another.) Planning or intending to kill someone. A person s reckless actions that result in the death of another are criminal. Excusable or justifiable killing subject to criminal charges B. Criminal Homicide 1. Most serious 2. Malice: Form of criminal homicide is MURDER. Having the intent to kill or seriously harm another person or acting in an extremely reckless manner which shows a lack or regard for human life. Any homicide done with malice is considered to be murder. 3. One time there were no degrees of murder. 4. First degree murder: Killing that is premeditated (thought out beforehand), deliberate, and done with malice. It is an action with intent to kill or cause severe bodily injury with depraved indifference to human life. 2

3 5. Felony murder: Any killing that takes place during the commission or certain felonies such as arson, rape, robbery or burglary. Not necessary to prove intent. Malice is presumed (Most states consider to be first-degree). 6. Second-degree degree murder: Killing that is done with malice, but without premeditation or deliberation. The intent to kill did not exist until the moment of murder. 7. Voluntary manslaughter: Otherwise would be murder but the victim has done some thing to the killer that would cause a reasonable person to lose self-control. NOTE: words alone do not reduce the severity of murder to manslaughter. Also killing must occur immediately not after the cool down. 8. Involuntary manslaughter: Killing in which there is not intent to kill at all. Caused from reckless conduct that causes extreme danger or bodily injury. 9. Negligent homicide: 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. (some states identify as involuntary manslaughter. i.e. vehicular homicide) 3

4 Problem 1: Individually read each of the following situations carefully. For each one, determine who can be charged with homicide and the degree of homicide for which they should be charged. Give your reasons and be specific. a. Walt decides to shoot Yolanda, whom he blames for all his troubles. As he is driving to her home to carry out the murder, he accidentally hits a jogger who darted out from behind a tree. Stopping immediately, Walt rushes to help the jogger, who is already dead. Assume that Walt was driving at a safe speed and the collision was unavoidable. Non-criminal homicide/negligent homicide b. Belva is cheated when she buys a car from Fast Eddie s car mart. She attempts to return the car, but Eddie just laughs and tells her to go away. Every time Belva has to make a repair on the car, she gets angry. Finally she decides to wreck Eddie s car to get even with him. Following him home from work one evening, Belva tries to ram his car, hoping to bend the axle or frame. Instead of bending the frame, the collision smashes Eddie s gas tank, causes and explosion and kills him. Felony Murder c. Allison and Brad decide to rob a bank. Brad drives the getaway car. Allison goes into the bank and pulls out her gun, announcing, This is a stickup. Don t move! The bank guard, Gordon, shoots at Allison but misses, killing Dawn, a customer. Non-criminal homicide C. Noncriminal Homicide 1. Some homicides are not considered crimes at all. 2. It is a homicide that is justifiable or excusable and for which the killer is deemed faultless. 3. Examples: Killing and enemy in war, killing of a criminal by an executioner, the killing by a police officer of a person Who is committing a serious crime and who poses a threat of death or serious harm, killing performed in self defense or defense of another person. 4

5 II. Suicide A. Defined: The deliberate taking of one s own life. B. Regarded as Leading a crime in most states, but only prohibit attempted Courts often treat suicide as a plea for help. Require person who attempted to undergo psychological exam and receive treatment. cause of death among teens. 4. CDC stats (2001 most recent available) a. 19% of 9 th -12 th seriously considered suicide. b. 15% made a plan to commit suicide. c. 9% attempted suicide. d. 5. Many people 6. National Crisis Helpline National Youth Crisis Hotline for teens: discuss suicide, pregnancy, gangs, runaway service, eating disorders, abuse and substance abuse HIT-HOME or HOPE, or Average a student succeeds every 15 minutes. 5

6 Problem 2: The Dying Cancer Patient Read story as a table. Discuss and answer the questions that follow. Be ready to discuss with the class your answers. Wilfred, age 75, has been suffering from cancer for 19 years. The pain associated with the cancer is severe and has become worse over time. Wilfred s doctors say there is no treatment either slow down the cancer s growth or substantially reduce the pain. Wilfred asks Martha, his wife of 50 years, to relieve him of the terrible pain. He asks her to bring him a bottle of pills that would help him end his own life. Martha, who cannot stand watching Wilfred suffer anymore, gives him he pills. He swallows them all slowly fades off to sleep, and dies. a. Was Wilfred s request related to suicide? Explain. b. If you were the district attorney in the state where Martha lives, would you file criminal charges against her? Explain. c. If manslaughter chargers were filed and you were on the jury, would you vote to covet Martha? Give your reasons. If Martha were convicted, what sentence should she receive? Why? d. If the bottle of pills had been given to Wilfred by a physician instead of by his wife, would your answers have been different? Give you reasons. e. If you were state legislator, would you advocate a law allowing assisted suicide? Explain. III. Assault and Battery A. Definitions 1. assault: is any attempt or threat to carry out a physical attack upon another person. 2. battery: Is any unlawful physical contact inflicted by one person upon another without consent. Actually injury is not necessary. The person must have intended to do bodily harm. There is often not much difference in law or practice between the uses of the words assault and battery. 6

7 B. Classifications: 1. there are classifications of assault and battery. 2. many states 3. aggravated battery 4. weapons Now have separate statutes with intent to rob or assault with intent to murder. Is often defined by the harm inflicted : an unarmed assault hat results is a serous physical injury is aggravated battery rather than simple assault. Often produce more serious injuries duh.=) C. Stalking Occurs when a person repeatedly follow or harasses another person and makes threats causing he victim to fear death or bodily injury. D. Sexual assault 1. Is a specific kind of assault can include verbal threat of a sexual nature to unwanted sexual contact can be an attack that is either complete or attempted. 2. Like 3. But does not have to 4. Contrary assault can be an attack that is either complete or attempted. involve force. to traditional views both men and women Can commit or be victims of sexual assault. 7

8 IV. Rape A. Defined: 1. Rape: Sexual intercourse without consent, it is considered aggravated when the perpetrator uses a weapon or some Other form of force to compel the victim. 2. Statutory rape: Sexual intercourse between an adult and a minor. B. Law in transition 1. Many states are replacing rape laws with criminal sexual assault laws. Rape is a form of criminal sexual assault. 2. The perpetrator and the victim can be of either sex. 8

9 C. Statutory rape- 1. Used to 2. Generally females 3. LACK OF CONSENT IS NOT AN ELEMNT OF THE CRIME. 4. Can be prosecuted even if 5. Rape Shield Laws 6. Trend Sex between an adult and a minor child. punish males for sex with underage females. 7. Acquaintance rape/date rape under 12 or 16 (depends on state). girl lied about age. Prohibit introducing evidence of the jury about the victim s past sexual behavior and reputation to try to show that she might have consented. more protective of victims. Sexual assault by someone known to the victim often not reported. Michigan Rape Law Under Michigan law, sexual assault is criminal sexual conduct (CSC). There are four degrees or categories. First and third degree CSC are felonies. Second and fourth degree CSC are misdemeanors. Assault with intent to commit criminal sexual conduct is a felony. Conviction of any CSC charge can carry a substantial prison term. However, severity of the sentencing depends on a number of factors. These laws can be very complicated. The basic of each of the four degrees are summarized below: 1. First Degree or Third Degree Criminal Sexual Conduct: Both of these crimes involve forced of coerced (without consent) penetration. The penetration can be vaginal, anal, or oral or putting a finger or object into another person s anal or vaginal opening. 2. Second or Fourth Degree Criminal Sexual Conduct Both of these crimes involved forced or coerced (without consent) sexual contact. These include touching the groin, genital area, inner thigh, buttocks or breasts, or the clothing covering these parts. 3. Assault with Intent to Commit First Degree Criminal Sexual Conduct This crime is an assault where the perpetrator intended to commit criminal sexual conduct in the First Degree. 4. Assault with Intent to Commit Second Degree Criminal Sexual Condu This crime is an assault where the perpetrator intended to commit CSC in the second degree. *People who are drugged, incapacitated, or under the age of 16 are deemed by law to be unable to give consent.* 9

10 Problem 3: Read the following situations with a partner and then answer the questions appropriately. For each case below, assume that the two people have sexual intercourse. Assume that the police find out about the sexual activity in each instance. How should each situation be handled? a. At midnight, a man breaks into the home of a women he does not know. He goes to her bedroom, awakens her, pulls out a knife, and threatens to stab her unless she has sex with him. She tells him she does not want to have sex. But then she says, If you are going to do this, you d better use a condom. He agrees. b. A famous boxer serves as a judge at a beauty contest. After the contest, he invites an 18 year old contestant to his hotel room. She meets him there. Later, she says he forced her to have sex. c. A male high school student, aged 17 and a female high school student, aged 14, go out on a date after attending a party, they agree to have sex in his car. The next day, he brags about this at school, and she goes to the police. There is some evidence that he is part of an informal organization of high school seniors who are involved in a competition to have sex with as many girls as possible. d. Leo and Nina are college juniors who have had three dates. On these dates, they have never engaged in any sexual activity beyond a brief good-night kiss. On their fourth date, he invites her to an all-night drinking party at his fraternity house. She drinks too much, goes up to his room alone around 1:00 a.m., and falls asleep. In the morning she wakes up to discover that she and Leo had sex during the night. e. Lori, a 25-year-old high school teacher, becomes a good friend of Jim a 17-year-old student in one of her classes. On a senior class trip to the state capital, Jim knocks on her hotel room door late at night Lorie lets him in, and they have sex. 10

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