Crimes Against the Person
Chapter 9
Objectives
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Explain how the law protects defendants accused of crimes from overly harsh penalties.
Describe the legal relationship among malice, premeditation, and the crimes of first-degree
and second-degree murder.
Differentiate first-degree murder, felony murder, and second-degree murder
Describe the legal consequences for those who assist someone else in committing
suicide.
Identify statistics that underscore why teen suicide is of serious concern to American
society.
Identify resources available to people who feel suicidal.
Define the term suicide.
Describe the significance of actual injury in the crimes of assault and battery.
Show how differing degrees of seriousness are reflected in legal classifications of types of
assault and battery.
Define the terms assault, battery, stalking, and sexual assault.
Distinguish between forcible rape and statutory rape.
Explain the reason why consent is not relevant in cases of statutory rape.
Explain the purpose of rape shield laws.
Describe proof that may be required for a rape conviction.
Explain why victims of rape-including acquaintance rape-may be hesitant to report the
crime.
Define the terms rape, statutory rape, acquaintance rape, and date rape.
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I. Homicide (The killing of one human being by another.)
A. Two types
1. Criminal Homicide
a. defined- Planning or intending to kill someone.
reckless actions that result in the death
b. Aof person’s
another are criminal.
2. Noncriminal Homicide
a. defined- Excusable or justifiable killing
b. not subject to criminal charges
B. Criminal Homicide
1. Most serious Form of criminal homicide is MURDER
.
2. Malice: 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.
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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. SecondSecond-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:
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)
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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.
is a homicide that is justifiable or excusable and for
2. Itwhich
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.
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II. Suicide
A. Defined:
The deliberate taking of one’s own life.
B. Regarded asa crime in most states, but only prohibit attempted
1.Courts often treat suicide as a plea for help.
2.Require person who attempted to undergo psychological
exam and receive treatment .
3. Leading cause of death among teens.
4. CDC stats (2001 most recent available)
a. 19% of 9th-12th seriously considered suicide.
b. 15% made a plan to commit suicide.
c. 9% attempted suicide.
d. Average a student succeeds every 15 minutes.
5. Many people
6. National Crisis Helpline 1-800-999-9999
7. National Youth Crisis Hotline for teens: discuss
suicide, pregnancy, gangs, runaway service, eating
disorders, abuse and substance abuse.
1-800-HIT-HOME or 1-800-442-HOPE, or
www.1800hithome.com
8. www.suicidehotlines.com
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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.
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B. Classifications:
1. there are classifications of assault and battery.
2. many states
Now have separate statutes with intent
to rob or assault with intent to murder.
3. aggravated battery
Is often defined by the harm inflicted : an unarmed
assault hat results is a serous physical injury is
aggravated battery rather than simple assault.
4. weapons
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 assault can be an attack that is either complete or
attempted.
3. But does not have to involve force.
4. Contrary to traditional views both men and women
Can commit or be victims of sexual assault.
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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.
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C. Statutory rape-
Sex between an adult and a minor
child.
to punish males for sex with underage females .
1. Used
2. Generally femalesunder 12 or 16 (depends on state).
3. LACK OF CONSENT IS NOT AN
ELEMNT OF THE CRIME.
4. Can be prosecuted even if girl lied about age.
5. Rape Shield Laws Prohibit introducing evidence of
the jury about the victim’s past sexual behavior and
reputation to try to show that she might have consented.
6. Trendmore protective of victims.
7. Acquaintance rape/date rape
Sexual assault by someone known to the victim…often
not reported.
Michigan Rape Law
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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.*
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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.
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