Presentation on theme: "Assault, Domestic Violence, Stalking and Elder Abuse"— Presentation transcript:
1 Assault, Domestic Violence, Stalking and Elder Abuse Chapter 8Assault, Domestic Violence, Stalking and Elder Abuse
2 Definition of AssaultAssault is “an intentional, unlawful act of injury to another by force, or force directed toward another person, under circumstances that create fear of imminent peril, coupled with an apparent ability to execute the attempt, in not prevented. The intention to harm is of the essence. Mere words, although provoking or insulting, are not sufficient.” (Naler v. State, 1933).
3 Another Definition of Assault Assault is “an intentional, unlawful act of injury to another by force, or force directed toward another person, under circumstances that create fear of imminent peril, coupled with an apparent ability to execute the attempt, if not prevented.”
4 The Term Assault is Synonymous with Battery. Simple assault is intentionally causing another person to fear immediate bodily harm or death or intentionally inflicting or attempting to inflict bodily harm on the person.Aggravated assault is an unlawful attack by one person on another to inflict severe bodily injury.
5 Elements of the Crime of Simple Assault are Intent to do bodily harm to anotherPresent ability to commit the actCommission of an overt act toward carrying out the intention
6 Aggravated Assault An additional element of aggravated assault is that the intentionally inflicted bodily injury musthave resulted in one of the following:A high probability of deathSerious permanent disfigurementPermanent or protracted loss or impairment of the function of any body member or organ or other severe bodily harm
7 Special Challenges in Investigation of Assault Distinguishing the victim from the suspectDetermining whether the matter is civil or criminalDetermining whether the matter was intentional or accidentalObtaining a complaint against the offenderSometimes such calls are dangerous for responding officers
8 The Preliminary Investigation Control and disarm those involved in the altercationProvide medical aid to injured peopleSeparate SuspectsProtect crime sceneGive Miranda Warning if applicableObtain preliminary statementsPhotograph evidenceCollect and preserve evidenceReconstruct the crime
9 Proving the Elements of Assault Establish the intent to cause injuryThe severity of the injury inflictedAnd whether a dangerous weapon was used
10 Evidence in Assault Investigation Physical evidence in an assault includes photographs of injuries, clothing of the victim or suspect, weapons, broken objects, bloodstains, hairs, fibers and other signs of an altercation.
11 Investigating Domestic Violence Domestic violence is a pattern of behaviors involving physical, sexual, economic and emotional abuse, alone or in combination, by an intimate partner often to establish and maintain power and control over the other partner.
12 Prevalence of Domestic Violence In 1999, 791,210 violent crimes by a current or former spouse, boyfriend, or girlfriend671,110 (85%) against females120,100 (15%) against males
13 Other Types of Domestic Violence Women as abusersGay and Lesbian domestic violenceAbuser is a police officer
14 Predictors and Precipitators of Domestic Violence A past history of family violenceAnimal crueltyDrug and alcohol abusePresence of firearms changes the complexion of domestic violenceWhen a gun is involved in a domestic dispute, it is 12 times more likely that the violence will end in death
15 Suggestions for Police Officers Responding to Domestic Violence Keep surprise on your sideNever go to the scene alone; have back-upFollow officer safety basicsRemain aware of your environmentKeep participants separatedDo not give them the upper hand, protect your firearm
16 Effectiveness of Various Interventions Mandatory Arrest PolicyRestraining OrdersLegislationCell phones for victimsDocumentation by Health Care WorkersCommunity Policing
17 StalkingA stalker is someone who intentionally and repeatedly follows, tries to contact, harasses and/or intimidates another person.The willful or intentional commission of a series of acts that would cause a reasonable person to fear death or serious bodily injury and that, in fact, does place the victim in fear of death or serious bodily injury.
18 Types of Stalking Intimate or former intimate stalking Acquaintance stalkingStranger stalking
19 Elder AbuseElder abuse is the physical and emotional abuse, financial exploitation and general neglect of the elderly. The extent of elder abuse is currently unknown.