Transcript 9. Crimes Against the Person

Chapter 9
 Crimes Against the Person
Crimes Against the Person
Homicide:
the killing of one human being by another
* may be criminal or non-criminal
* Criminal Homicide is committed with
intent or reckless action
* Non-criminal Homicide is classified as
either “excusable” or “justifiable” and is
not subject to criminal charges
Wilfred, age 75, has been suffering from caner for 10 years. The
pain associated with the cancer is severe and has become worse
over time. Wilfred’s doctors say there is no treatment to 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 hi a bottle of pills that will help
him end his own life. Martha cannot stand watching Wilfred suffer
anymore and gives him the pills. He swallows them all, slowly
fades off t o sleep, and dies.
a. Was Wilfred’s request related to suicide? Explain your answer
b. If you were the district attorney in the state where Martha lives, would you file
criminal charges against her? Explain
c. If manslaughter charges were filed and you were on the jury, would you vote
to convict 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 your reasons
e. If you were a state legislator, would you be in favor of or against a law allowing
assisted suicide? Explain
Quick Review
Turn to a neighbor and discuss
 Explain the elements of each type of homicide
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1st Degree Murder
Felony Murder
2nd Degree Murder
Voluntary Manslaughter
Involuntary Manslaughter
Negligent Homicide
Types of Homicide
 Criminal Homicide:
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1) Murder – killing done with malice
a. 1st Degree Murder – Premeditated, planned out
b. Felony Murder – Deliberate killing takes place during crime
c. 2nd Degree Murder – Killing done with malice but without
premeditation
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d. Voluntary Manslaughter – Something was done to
cause a reasonable person to lose self control or act rashly
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e. Involuntary Manslaughter – No intent to kill, but death came
from conduct so reckless that it causes extreme danger of death or bodily injury
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f. Negligent Homicide – Causing death through criminal negligence
(failure to provide reasonable/ordinary care)
Types of Homicide
 Non Criminal Homicide:
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* A soldier killing someone during war
* A police officer shoots a suspect
endangering others
* A person killing an attacker in
self-defense
Crimes Against the Person
(continued)
 Suicide : the deliberate taking of one’s own life
(a crime so help can be given)
 Society now views suicide/attempted suicide as a
mental health problem and have resources for
help
 National/State/Local hotlines
 Kidnapping: the unlawful imprisonment/abduction of another person
 A federal crime if the victim is taken across state
lines
 Assault and Battery
 ASSAULT : any attempt or threat to carry out a
physical attack upon another person
 BATTERY : any unlawful physical contact inflicted
by one person upon another person without
consent (different degrees of assault &/or battery)
 STALKING : when a person repeatedly follow or
harasses another person making that person fear
death or bodily injury. Cyberstalking is done
using electronic communications
 BULLYING : a version of assault and battery in
which peers or acquaintances intimidate or put
others in fear
 SEXUAL ASSAULT: assault that includes rape,
attempted rape, verbal attacks. Any unwanted
sexual contact between the victim and the
offender. Can be attempted or completed to be
criminal
Rape
Sexual intercourse without consent.
Aggravated rape occurs when a weapon is present
STATUTORY RAPE : intercourse with someone under the legal age
of consent In Washington state, the age of consent is 16 or if the
offender is more that 60 months older than the victim and the victim
is under 18
CRIMINAL SEXUAL ASSAULT : A legal term for rape which
includes the victim being unable to give consent (drunk, drugged) or
victims of either sex – used to prosecute same sex offenders
ACQUAINTANCE RAPE : “DATE RAPE” – sexual assault by
someone known to the victim
For each case, assume that the 2
people have sexual intercourse.
Assume that the police find out about
the sexual activity in each instance.
How should each situation be handled?
Scenario #1
 At midnight, a man breaks into the home
of a woman 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 that 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
Scenario #2
 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.
Scenario #3
 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 intercourse in his car. The
legal age of consent in this state is 16.
The next day, he brags about this as
school, and she goes to the police. There
is some evidence that he is part of an
informal organization of high school boys
who are involved in a competition to have
sex with as many girls as possible
Scenario #4
 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 goodnight kiss. On their fourth date,
he invites her to an all-night drinking party to
his fraternity house. She drinks too much,
goes up to his room alone around 1:00 am,
and falls asleep. In the morning, she wakes
up to discover that she and Leo had
intercourse during the night