Free Essay

Assualt

In:

Submitted By kfrazier160
Words 945
Pages 4
Assault, Battery, and Crimes against Persons
Kaitlin Frazier
Professor MacBeth

LEG 320 Criminal Law
Strayer University
9/6/2015

Assault, Battery, and Crimes against Persons

Assault and Battery are often misconceived as the same crime. There are many very similar traits with assault and battery that would convince some people that they are the exact same crime, but there are a few differences that distinguish the two crimes from one another. Assault is an act that creates an apprehension in another person by imminent, harmful, or offensive contact (Legal Dictionary-Assault). Battery is an act of harmful or offensive touching of another person. Assault and Battery are similar in that they both involve threat and harm. The main difference of Battery compared to Assault is Battery involves contact of some form against another person. In the case of Assault no physical contact is necessary; the only thing that is needed is a threat or intention of violence. An example of Assault is a nurse trying to do her job and give a patient medicine through administering an IV, the patient is hostile and threatens to hurt the nurse by saying he is going to punch, kick, and stab her if she puts the IV in his arm. The nurse would remove herself from the room to insure her safety. As for Battery physical contact is mandatory, there needs to be a threat and a follow through of violence. An example of Battery is the same nurse trying to administer the IV to the hostile patient with the threat of punching, kicking, and stabbing. The nurse cannot calm the patient down enough before leaving the room and he follows through with his threat, and punches the nurse in the face and kicks her in the leg. When looking to see if the crime was an Assault or Battery the jurisdiction of the crime should not be a factor at all. Before deciding if a person is going to be accused or punished for Assault or Battery the deciding court or jury needs to hear all the evidence. Where the crime occurred should not be a factor in whether it happened or not. If someone did Assault another person then they should be convicted of Assault, and if someone battered another person then they should be punished as a person who committed a Battery. If a man jumped out in front of a lady and drags her into an ally then the threat of what could come next in that back ally could be considered as Assault. If the man had hit or beat the lady in the ally the crime would then become Battery. In order to make any part of this story into consensual touching and not a crime the lady would have to know the man. When he would have jumped out at her, she would have been so scared or startled that she did not realize that she knew him and thought that she was in danger. False imprisonment is an unlawful restraint of a person against their will by someone without legal authority or justification (FindLaw- False). The person who is falsely imprisoned is intentionally restricted of their freedom of movement without their consent being taken into consideration. In the above example of a man jumping out in front of the lady and dragging her into an ally, and ultimately having the lady know the man. If the lady did press charges on the man, the court would not decipher a conviction based upon if the lady did in fact know the man. The court would decide on a conviction based upon the crimes that the man did commit not if he knew the lady that he assaulted or not. The differences between False Imprisonment and Kidnapping are not widely known. Kidnapping is when a person physically moves another person without that other person’s consent(US Legal- Kidnapping). The person who is doing the kidnapping is committing the act with intent and is usually connected to some other object like money. False Imprisonment is the confinement of another person without their consent. The difference between the two lies within the whether a person is physically taken or if they are just held against their will. Most of the times False Imprisonment is harmless, while kidnapping usually involves some sort of pain and suffering. There has been a notion that one of the two crimes Kidnapping and False Imprisonment is more heinous than the other. Based off of facts of the two crimes, Kidnapping seems like it would be the more heinous crime. Every time that Kidnapping is heard of it involves someone being held hostage usually for many years and being abused during that period of time. False Imprisonment is not usually for extended periods of time, and does not involved a person being harmed. If the man and the lady from the previous scenario were romantically involved and were having an argument when the man drags her into the alley and she slapped him does this call for him to use self-defense. If the lady were to only slap the man only one time that does not mean that self-defense should come into play. If the lady is repeatedly hitting the man to the point that he is not safe any long, he should use some self-defense in order to keep himself safe from the lady.

References

Find Law.com. False Imprisonment.injury.findlaw.com.torts-and-personal-injuries/false-imprisonment.html
Legal Dictionary. Assault and Battery. legaldictionary.thefreedictionary.com/assault+and+Battery
US Legal.com. Kidnapping vs. False Imprisonment. Kidnapping.uslegal.com/kidnapping-v-false-imprisonment/

Similar Documents

Premium Essay

Sexual Assualt

...1. Yes this scenario does describe a sexual assault. The sexual assault that it describes is indecent assault because the definition of this is any non-consensual touching done with the intent to gratify lust or sexual desires and in this scenario Minnie kissed Sandra with Sandra not consenting so that does fall up under the definition of sexual assault. This sexual assault is not rape though it is only indecent assault. The reason why this assault would not be considered rape is because there was no sexual intercourse at all just kissing. The victim in this act was Sandra and the alleged perpetrator is Minnie. 2. I would have to say yes this is sexual assault. The reason why I would say that is because one of the types of sexual assault is carnal knowledge which is sexual intercourse with a minor. In this scenario SSG Long does have sexual intercourse with Mike who is 15 years old but I would have to say this is not rape because SSG Long did not force Mike to have sexual intercourse with him and Mike did consent to sexual intercourse. The victim in this scenario is Mike and the alleged perpetrator is SSG Long. 3. In this scenario SGM Wayne does comment sexual assault. The reason I say that is because he slipped her a drug in her drink so that she would not know what is going on and in the definition of sexual assault it says sexual assault is described as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does...

Words: 434 - Pages: 2

Premium Essay

Summary: The Nazi Assualt On Humanity

...This theodicy ascribes people’s suffering and pain to God’s punishment for people and their ancestors’ sins. Another perspective on the evil nature of the Holocaust is described by the Holocaust survivor, Primo Levi, in his article “Survival in Auschwits: The Nazi Assualt on Humanity.” Describing his experiences and impressions from the Holocaust, Levi believes that there is no distinction between good and evil in the camp, but the lack of structure and any social norms there makes this place evil from the outsider’s perspective. Levi was captured by Nazis at the age of twenty-four when he was participating in the Resistance movement, Justice and Liberty. Being an “Italian citizen of Jewish race”, he became a victim of the Jewish persecution and was sent to the concentration camp in Auschwitz where the number of the Jews was drastically increasing over short periods of time. Age, gender, disabilities did not matter, and the only accent was placed on the Jewish ascendancy. Levi and other “six hundred and...

Words: 1635 - Pages: 7

Free Essay

Assualt Weapon Ban

...With last years school shooting in Newtown Connecticut a movement started to ban assault style rifles, not only would this ban be ineffective but it would be a solution to an issue that does not exist. Assault rifles are used in a very small percentage of gun crimes in the United States and they are only cosmetically different from other rifles. There has been a ban on them in the past and it proved to be an ineffective measure that was allowed to expire without being renewed by congress. These types of superficial classifications of weapons is useless when deciding whether or not a gun should be allowed to be owned and attacking assault weapons is similar to attacking one brand of cars for being involved in traffic accidents. An assault rifle is a semiautomatic rifle that has a pistol grip, detachable magazine, and is styled after a military rifle. These rifles require a pull of the trigger for every round that needs to be fired unlike their automatic military counterparts that are able to fire multiple rounds for each pull of the trigger. Assault rifles come in a variety of calibers and styles which is likely one of the reason that gun enthusiasts have such a passion for them. The most recent proposed legislation attempted to limit magazine size to ten rounds, prohibit the sale of rifles with a pistol grip, and had a list of other criteria that if a rifle had two of the characteristics present would classify it as an assault rifle and illegal. These characteristics...

Words: 1336 - Pages: 6

Premium Essay

Sexaul Assault Case Study

...Vice President Joe Biden considers himself a women's activist person, since he wrote Violence Against Women Act in 1994 (“Biden to speak”). Biden has recognized the issue and so has the Obama administration, on sexaul assault on college campuses ("Obama launches new effort). The “It’s on Us” campaign has broken down the four problems of sexaul assualt on campuses ("Obama launches new effort). They are as follows: Identify the specific problem on college campuses, engage men in prevention measures, correct responds to assault where it is reported, lastly, enforce laws and respond to sexaul assault cases ("Obama launches new effort). Dartmouth, University of Michigan and Bates college, are a few of 200 colleges who have signed the new campaign (“Biden to speak”). This campaign is different and modern to the fact that it has the involvement of men, whom are statistically the majority of assailants. Sexaul assualt on college campuses is not nearly publicized as it should be but is finally becoming recognized with...

Words: 991 - Pages: 4

Premium Essay

Dori Robie Research Paper

...he was only a child, we was only a juvenile'. That starts getting people thinking, and they may have different feelings. So this option of having at least five more years is the best we can do at this time," explains Derrick's father, Dale Robie. Years later and the bill is still being called common sense legislation, yet members of the New York State Assembly can't seem to agree. The Senate passed the bill last year but the Assembly never acted on it. "I think by narrowing the scope it's not as broad as its was. I think for someone to point opposition to this bill I dont see how that can happen for narrowing the scope to murder in the first degree murder in the 2nd degree which impacst the Robie family predatory sexual assualt and predatory sexual assualt to a child," explains Assemblyman Palmesano. Assemblyman Palmesano says he expects the bill to pass in the Senate and wil lcontinue fighting for the bill in the Assembly. He say currently the bill has 27 sponsors in the Assembly. A decison should be made by the time seeion ends on June 17. ...

Words: 573 - Pages: 3

Premium Essay

Hello

...on the hood of the truck and clothes in the truck ,and on one of the doors to the house (all noticed by the two Officers before entering the house). The defendenat Jeremy Fisher was noticed through the window by the Officers. The two Officers had knocked ,Fisher did not answer. Fisher had a cut they had noticed on his hand , they asked him if he needed medical attention, Fisher ignored and continued with response with profanity demanding the two officers to get a search warrent. Back door being locked and with the front door being blocked by a couch Officer Goolsby pushed the front door as Goolsby enterd Fishers house , Fisher had a long gun pointed at Goolsby. Officer Goolsby withdrew. Jeremy Fisher ws charged under the Michign law with assualt with a dangerous weapon and possion of firearm. ISSUE: -Did the officer have a right to enter the home becuase of the injury with out a warrent and/or consent ? Was fishers Fourth Admendment violated? RULE: -Fourth Admentment states the right of the people in their houses, persons, papers and those effects against unreasonable searches and seizures will not be violated and warrents active if probable cause , to be searched wiith persons , propptery or anything being seized. Officer have a right to enter? there is the People v. Davis , 442 Mich. 1, 25, 497 N. W. 2d 910,...

Words: 509 - Pages: 3

Premium Essay

Concealed Carry Research Paper

...One of those things included the sudden drop of rapes, murder, and assualt. In 2000, a economist and political commentator named John R. Lott analysed the data the FBI had collected on concealed carry in the United States. He found that in states where concealed carry was legalized, there was an average drop in rates of rape by 5%, rates of murder by 8.5%, rates of aggravated assault by 7%, and armed robbery by 5%. If these numbers continue to drop uninterrupted, then in ten years from now we may have a more secure nation as a whole, proven by Lott’s findings. In conclusion, concealed carry has caused a decline in rates of crime in america as found by the FBI and analyzed by John R...

Words: 504 - Pages: 3

Premium Essay

The Debate over Gun Control

...The Debate Over Gun Control Gun Control, a term that refers to the management of firearms in an effort to reduce the criminal use of these weapons. (MICROSOFT (R) ENCARTA 1995) In the year 2004 there were more than 210 million privately owned guns in the United States, which makes it plain to see why there are arguments for and against even the smallest amount of gun control. The Second Admendment to the Constitution of the United States, guarantees “the right of the people to keep and bear Arms shall not be infringed.” In the 1930s a law passed by the federal government that required people wishing to own or possess a fully automatic or sawed-off barrel firearm to pay a $200 registration fee. This law was amended in 1986 to ban the manufacture of fully automatic firearms. (MICROSOFT (R) ENCARTA 1995) Some of the U.S. cities, such as Washington D.C., Chicago, and New York City, place restrictions on handgun ownership. A few cities across the U.S. have banned handguns entirely. A federal law restricts handgun amuntion capable of piercing body armor, and also requires that guns with plastic parts to contain enough enough metal in the gun to be detectable amount of metal. Law enforcement groups are among the most influential supports for a stricter gun control laws. Efforts to pass national gun control laws have met fierce opposition from gun lobbiest. However in 1993, after a seven year battle, the congress of the United States passed the Brady bill, which...

Words: 3742 - Pages: 15

Free Essay

School

...DRUG ADDICTION When it comes to sexual assault described in technical terms is defined as any part of sexual activity between two or more people in which one of the people involved is involved against his or her will. Being a drug addict is a major problem which has been increasing among our society now in days. Being an addict will only ruin your life and hinder you from achieving goals and wash away your accomplishments. There a many people who think if they believe that if they tell themselves that they have it under control then they will not become addicted. Addiction can trap anyone. It may cause harm to one’s body, causing situations in a family structure. The quicker someone looks for assistance for their drug addiction. The more chance they have at life. Once this is achieved the person then regains control over their lives once again. Peer pressure represents social influences that affect us. It can have a positive or a negative effect, depending on what path one follows. There is direct and indirect pressure that might influence a person’s decision in using drugs. Direct pressure might be when a person is offered to try drugs. Indirect pressure might be when a person is around people using drugs and sees that there is nothing wrong with using drugs. When it comes to the diagnosis of being a drug addict it means that you are addicted to many harmful drugs such as, Heroin, Cocaine, and Meth. This is the categorized substance abuse. (Jaffe 1975) Many people who...

Words: 980 - Pages: 4

Premium Essay

Rules of Law

...Stealing Services. 4. Rule of Law:Crime:Embezzlement Stealing money entrusted to you. 5. Rule of Law:Crime:Extortion Unlawful obtaining money from another. 6. Rule of law:Crime:Vandelism Willful and malicious destruction of the property of others. 7. Rule of law:Crime: Bribary Offering or receiving something of value to influence a person in the performance of an official duty. 8. Rule of law:Crime: R.I.C.O Under the RICO it is a federal crime for any person to use income derived from a pattern of racketeering activity to acquire an interest in a enterprise. 9. Rule of Law: Intentional Torts: Battery A battery is the intentional and harmful or offensive touching of another without consent. 10. Rule of law: Intentional Torts: Assualt Is placing a person in immediate apprehension of one's physical safety. 11. Rule of Law:Intentional Torts: Assault/Battery Defenses o 1. Self defense is defending yourself and a third party using only enough force that is necessary. o 2. Discipline is a parent using enough force that is reasonable and necessary. 12. Rule of Law: Intentional Torts: False Imprisonment:Defense o False imprisonment is the intentional confinement of another person for an appreciable time without consent. o Defense: Consent 13. Rule of law:Intentional Torts: Defamation of Character Defamation of character is publication of a false statement about a person that brings one into hatred, ridicule or contempt. 14. Rule of Law: Intentional Torts: Defamation...

Words: 988 - Pages: 4

Premium Essay

Written Assignment

...Luis Antezana Written Assignment April 23rd, 2012 Word Count: 1222 What significance does the theme of innocence versus guilty play in the novel, The Assualt, by Harry Mulisch? The novel, The Assault, is told against the backdrop of shifting Dutch post-war society, centered around significant points in that history. Mulisch paints a canvas of the difficulties of Dutch society in coming to terms with the events of the war. Mulisch faces significant questions of guilt and innocence when writing the novel thus leading to the hand of fate lurking strongly in the novel. The Assault becomes a morality play with much difficulty in determining and judging what right and wrong is, and guilty from innocence becomes a central theme throughout the novel in the lives of Anton Steenwijk, Fake Ploeg’s son, Cor Take and Karin Korteweg and Mr. Korteweg. Anton Steenwijk is the central protagonist in the novel and has been plagued with the murdering of his family at a very young age. Anton struggles to understand and comprehend the events that happened that very night which ultimately leads to his apathy for the subject. Anton’s apathy and attempts of forgetfulness toward the killings makes him guilty in the novel; however, the fact that Anton’s only mechanism for coping with the tragedy is detachment and forgetting gives him the characteristic of innocence thus raising important questions of guilt and innocence in his character. Anton’s apathetic characteristic can be seen when...

Words: 1230 - Pages: 5

Premium Essay

Propaganda In Russia

...Under Joseph Stalin, a pseudo-scientific theory called Lysenkoism came into popularity. Lysenkoism, named after agronomist Trofim Lysenko, was a political crusade against genetics and agriculture. During Lysenkoism rise, the Soviet Union was going through a major famine that affected many citizens. The government and scientist alike looked for any solutions to this. This is when Trofim came into play. He was brought into the spotlight after he claimed that he could triple crop yields. This, of course, was false but the propaganda machine was in full force. After his rise to fame, he started to denounce biologist as "fly-lovers and people haters" (Otto, Shawn Lawrence. Fool Me Twice: Fighting the Assualt on Science in America.). At the end of all this, over 3,000 biologists either lost their job were imprisoned, or died. Trofim’s government-backed science condemned millions of citizens to starve to death for no reason. The real scientist that could have saved lives were ignored because their ideas didn’t fit in with the Soviet Unions political ideology. The Soviet’s scientific community and the population were decimated and this eventually led to their...

Words: 1250 - Pages: 5

Premium Essay

Bullying in Schools: Can It Be Stopped?

...Bullying in Schools: Can It Be Stopped? Even though schools face cost issues in education of staff and anti-bullying enforcement, bullying is a serious problem that is not being properly addressed. With the shootings at Columbine High School in Colorado, where on April 20, 1999 two students started a massacre where 12 students and one teacher were killed, and suicides in multiple places, it’s clear that bullying causes tragedies. All of the events, in some way, are related to bullying. In recent years, there has been more media coverage of incidences of bullying and its repercussions. There was a girl in Massachusetts named Phoebe Prince that after being bullied for months went home after school on January 14, 2010 and committed suicide by hanging herself. She just couldn’t take it anymore. Prior to this, the school where she went did little in the ways of anti-bullying education. According to the U.S. Department of Education, National Center for Education Statistics, “In 2007, about 32 percent of 12- to 18-year-old students reported having been bullied at school during the school year and 4 percent reported having been cyber-bullied”(“Indicator 11”). Our children are dying due to being bullied at school. My own children have gone through being bullied at school. My twelve-year-old was bullied to the point of being physically injured. As a parent, I find this unacceptable. The following graph shows these numbers: Figure 11.1. Percentage of students ages...

Words: 1913 - Pages: 8

Premium Essay

Domestic Violence

...Discuss Domestic Violence, with emphasis on the different types of victims and how they experience such violence in its various forms. Prepared by : Tuduetso Kesamang Student Number: 47741325 Assignment: 02 Unique Number: 848185 Date : 09 /04/2014 1 TABLE OF CONTENTS PAGE 1.Introduction 2.Definition of Concepts 2.1 Domestic Violence 2.2 Victim 3.Types of domestic violence 3.1 Physical Abuse 3.2 Sexual Abuse 3.3 Emotional Abuse 3.4 Economic Abuse 4. Victims of domestic Violence 4.1 Women and Violence 4.1.1 Women as Victims 5. Men as Victims 6. Children as Victims 6.1 Major types of child Abuse and Neglect 6.1.1 Children Physical Abuse 6.1.2 Children Neglect 6.1.3 Children Sexual Abuse 6.1.4 Children emotional Abuse 7. Crime and the Elderly 8. Conclusion 4 4 4 4 4 4 4 4 5 5 5 5 6 7 7 7 7 7 7 8 8 2 9. Bibliography 9 3 1.Introduction The paper seeks provide an understanding into how members of the family can be violated by their own members ,how they can be affected by such violation in their different forms. It highlights members of the family that experience violence as both men and women, the elderly and children and how each of them are impacted by the violence. As Doerner and lab (2012:206) states, it is common for one to think of crime and criminals as people not related to the victim. In actuality ,however, one is more likely to be killed or beaten by a person they know than a total stranger. This renders domestic Violence a hidden problem(Daves:1994)as...

Words: 2396 - Pages: 10

Free Essay

False Rape Allegations

...False Rape Accusations, Societal Impacts, and Legal Solutions Rape, time and time again, have been reported throughout documented human history. From the rape of Lucretius, to the ‘rape’ of Sabine women+ it is not difficult to understand why stringent regulations have been made in regard to prevent the crime. In certain countries, it is even punishable by death. *As a crime against a person, rape brings about horrifying long-term effects to the victim, usually followed by lingering sentiments of guilt and shame. To discuss the notion of falsification might be callous in face of such an atrocious crime, yet to deny the existence of it would be a logical fallacy. Compassion and justice are companions, not choices (1); therefore, we are compelled to analyze and gather information. By doing so, we are not being callous ourselves; instead, we are trying to devise constructive strategies to bring about impartiality and justice. Of the many debates surrounding the crime of rape, many more arise regarding false accusations. In regard to the rape scandals surrounding business leaders in recent years, most notably Dominique Strauss Kahn, this paper aims to address the issue of false rape accusations. More often than not, false rape allegations are portrayed by media outlets as unfounded rape, which is usually not the case. Unfounded rapes represent the circumstances which undermine efforts to arrest or to convict the perpetrator. False rape allegations, however, solely refer to...

Words: 2859 - Pages: 12