Law & American Society Crimes Against the Person

Question of the Day “Crime and the fear of crime have permeated the fabric of American life.” – Warren E. Burger Do you think this is true? Why or why not?

Crimes Against the Person Crimes against the person include homicide, assault, battery, and rape. All of these are serious crimes, and a defendant found guilty of any one of them could receive a harsh sentence. Various levels of these crime have been defined by law in order to protect the defendant from overly harsh penalties.

Homicide Homicide is the killing of one human being by another Homicides are either criminal or noncriminal Criminal homicide is committed with intent, or a plan. It is also considered criminal homicide if a person’s reckless actions, without regard for human life, result in the killing of another person. Noncriminal homicide can be classified as either “excusable” or “justifiable” and is not subject to criminal charges

Criminal Homicide Murder, the most serious form of criminal homicide, is killing that is done with malice. Malice means having the intent to kill or seriously harm another person or acting in an extremely reckless manner that shows a lack of regard for human life.

Criminal Homicide First Degree Murder- Felony Murder- Second Degree Murder- Voluntary Manslaughter- Involuntary Manslaughter- Negligent Homicide-

Noncriminal Homicide Noncriminal homicide is killing that is justifiable or excusable and for which the killer is deemed faultless. Wartime? Executioner? Police Officer?

True or FalseThe present Homicide rate is at its highest level in society.

True or FalseMore women are victims of homicide than men.

True or FalseMost homicides are committed by people who know their victims

True or FalseThe reason for most homicides is not known.

True or FalseHandguns are the number one cause of homicides in the nation.

True or FalseThe number one age group of victims of homicide are those aged

Suicide Suicide is the deliberate taking of one’s own life. Suicide is one of the leading causes of death among teenagers National Crisis Hotline

Assault & Battery Assault is any attempt or threat to carry out a physical attack upon another person Battery is any unlawful physical contact inflicted by one person upon another person without consent The only requirement is the person must have intended to do bodily harm

Assault & Battery Stalking occurs when a person repeatedly follows or harasses another person, and make threats, causing the victim to fear death or bodily injury Sexual Assault is a specific kind of assault that can include rape or attempted rape. Sexual assault includes a wide range of victimizations from verbal threats of a sexual nature to unwanted sexual contact between the victim and the offender

Rape Rape is sexual intercourse without consent Statutory Rape is intercourse between an adult and a minor

Crimes Against the Person Crimes against the person includes: –Homicide –Assault –Battery –Rape

Criminal Homicide Murder, the most serious form of criminal homicide, is killing that is done with malice. Malice means having the intent to kill or seriously harm another person in an extremely reckless manner which shows a lack of regard for human life.

First–degree murder is killing that is premeditated, deliberate and done with malice. Felony murder is any killing that takes place during the commission of certain felonies, such as arson, rape, robbery, or burglary. Second-degree murder is killing that is done with malice, but without premeditation or deliberation. The intent to kill did not exist until the moment of the murder

Voluntary manslaughter is killing that otherwise would 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. Involuntary manslaughter is a killing in which there is no intent at all. Negligent homicide means causing death the through criminal negligence. Negligence is the failure to exercise a reasonable or ordinary amount of care in a situation, thereby causing harm to someone

Homicide Cases Read each of the following situations carefully. For each one, determine who can be charged with homicide and the degree of homicide which they should be charged.

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 that the collision was unavoidable

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 frame. Instead of bending the frame, the collision smashes Eddie’s gas tank, causes an explosion and kills him.

Alison and Brad decide to rob a bank. Brad drives the getaway car. Alison goes into the bank and pulls out her gun, announcing, “This is a stickup, Don’t Move!” The bank guard, Gordon, shoots at Alison but misses, killing Dawn, a customer.

Richard Lapointe Case Pictures Homicide

Question of the Day Take 5-7 minutes to read the article. Write a TWO paragraph reflection in your journal. –1 st Paragraph – What is your reaction to this case. (5-7 sentences) –2 nd Paragraph – If you were on the jury, how would you rule? Why? (5-7 sentences)

Richard Lapointe

The victim: Bernice Martin

The Mayfair Gardens elderly housing complex, where Bernice Martin lived, as seen from North Main Street, Manchester

Lapointe Home, 75 Union Street, Manchester

Lapointe Interrogation Office; Manchester Police Station

Bernice Martin’s fire-damaged apartment as photographed by police.

The Lithuanian Hall on Golway Street, Manchester

Police Station Display; posted in the Manchester police station on July 4, 1989 for the interrogation of Richard Lapointe.

One of two photos of displays that were posted in the Manchester police station on July 4, 1989 for the interrogation of Richard Lapointe.

Richard Lapointe being taken out of the front door of the Hartford Superior Court. Photo was taken on September 6, 1992, right after Richard had been sentenced to "life plus 60 years

Law & American Society Crimes Against the Person

Suicide Suicide is the deliberate taking of one’s own life. In Connecticut, assisted suicide is a crime. In Connecticut, attempted suicide is not a crime

Assault and Battery Assault is any attempt or threat to carry out a physical attack upon another person Battery is any unlawful physical contact inflicted by one person upon another person without consent. **Actual injury is not necessary**

Not much difference today between assault and battery Some states add “aggravated” to their charges when harm is inflicted Stalking occurs when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury Sexual Assault is a specific kind of assault that can include rape or attempted rape

Described by her parents as “an extreme fan,” 30-year-old former American Idol contestant Paula Godspeed was found dead yesterday morning in front of the Sherman Oaks, California home of Idol judge Paula Abdul. “This individual had an infatuation with Ms. Abdul,” Capt. Jim Miller of the Ventura County Sheriff’s Department told a Los Angeles-based reporter with Fox News. Late yesterday afternoon, a reporter with TMZ snapped a photograph of the automobile in which Godspeed was found. The license plate read “ABL LV,” which could be an abbreviation of “Abdul Love.” A representative for Ms. Abdul said that Ms. Godspeed was known to Abdul and her staff. E! News reported that Godspeed had been stalking Abdul for 17 years. After twice auditioning for the program, she appeared in a 2006 episode in which she talked about being influence by Abdul. “I make life-sized drawings of Paula,” she said. “I have since I was a little girl.”

Rape Rape is sexual intercourse without consent. Statutory rape is intercourse between an adult and a minor Date rape is a sexual assault by someone known to the victim

Other Vocab You Will Need to Know Crime of omission – when he or she fails to perform an act required by a criminal law, if he or she is physically able to perform the required act. Solicitation – a crime to ask, command, urge, or advise another person to commit a crime. Attempt – when someone performs all the elements of a crime, but fails to achieve the criminal result.

Vocabulary Continued… Conspiracy – an agreement between two or more persons to commit a crime. Overt Act – is more that mere preparation to do something; it is at least the first step of actually attempting the crime.

WOULD HE BE GUILTY OF ATTEMPT? Martin, a bank teller, figures out a foolproof method of stealing money from the bank. It takes him some time to get up the nerve to steal any money. Finally, he makes up his mind and tells his girlfriend Yuka, that tomorrow he will steal the money. Yuka goes to the police, and Martin is arrested an hour later.

WOULD THEY BE GUILTY OF ATTEMPT? Gilbert, an accomplished thief, is caught while trying to pick Lewis’s pocket. He pleads not guilty and says he cannot possibly be convicted, because Lewis did not have a penny on him.

WOULD THEY BE GUILTY OF ATTEMPT? Rita and Anwar decide to rob a liquor store. They meet at a pub and talk over their plans. Rita leaves to buy a revolver, and Anwar leaves to steal a car for use in their getaway. Rita is arrested as she walks out of the gun shop with her revolver. Anwar is arrested while trying to hotwire a car.

WOULD SHE BE GUILTY OF ATTEMPT? Amy decides to burn down her store to collect the insurance money. She spreads gasoline around the building. She is arrested while leaving the store to get a book of matches.