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Personal Crimes Analysis

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Personal Crimes Analysis
November 6, 2011
Mr. Stolker

Personal crimes cover a wide range of crimes in the criminal justice system. Personal crimes are crimes that affect a person on a personal level. I will go through crimes such as homicide, assault, battery, mayhem, rape and statutory rape. I will show the link on how these crimes can affect a person on a personal level.
Homicide is the unlawful killing of one human being by another human being. There are three different crimes of homicides defined in the text. The first being Justifiable homicides that are permitted by law. The second is Excusable homicides, this type of homicide involves fault of a person killing another, but not enough fault the person is charged with criminal homicide. An example of this type of homicide is if a person driving a car is involved in an accident because of road conditions being icy. The person who lost control of the vehicle because of road conditions killed another person in the car they had hit. They caused an accident, but had no intentions of causing the accident or killing another person. The third is Criminal homicide, with criminal homicide the person who committed the act did so intentionally. Criminal homicide is when justifiable homicide and excusable homicide can be ruled out. Criminal homicide is a personal attack on another human being. (Schmalleger, 2010 Chapter 7 page 192)
Assault is a personal attack on another person by either a physical act or verbal attack. Assault is an attempt or a threatened battery. Assault and Battery are often linked together, because many times assault leads to battery. There are two types of assault, attempted battery and threatened battery. Attempted battery is when the offender tried to commit battery to another human. Attempted battery the person in harm’s way may not be aware they were the target of battery. Threatened battery is when the offender threatens to commit battery to another person. The person who is threatened is fearful of what could happen. Stalking falls under assault also. Stalking another person is illegal, the threat that the stalker may do harm to them, and the persons personal life is now a targeted day to day. (Schmalleger, 2010 Chapter 8 page 225)
The charge of battery goes with assault. Battery is when assault has escalated to actually touching another person without their consent. There are many things that can be considered battery even in the professional fields such as boxing and football. These two different sports can have battery charges brought against players if the players are not going by the rules and they intentionally go after another player to hurt or harm them in a way that is not sports related. For example players in a football game can be fined and charged if they intentionally fight on the field with a member of the opposing field. In boxing a fighter can have the same affect if they intentionally try to do extreme bodily damage to their opposing fighter, such as biting body parts. Another form of battery is aggravated battery. Aggravated battery is when the battery is done with a weapon of some sort, example a knife or gun, with the intention of committing another worse crime. (Schmalleger, 2010 Chapter 8 page 230)
Mayhem is battery that has caused great bodily harm or bodily disfigurement. Mayhem is escalated battery. In order for the laws to constitute mayhem as a charge the injuries to the victim had to be severe or the victim had to be disfigured in some way. A victim who has lost a finger or ear in a fight, their attacker can face mayhem charges because of the violent act caused the victim to lose a body part. Mayhem charges also mean the victim did not die in the act of violence though; mayhem is only if the victim survives. (Schmalleger, 2010 Chapter 8 page 236)
Rape is a very personal attack on another human being. Rape is forcing another person against their will to be involved in sexual acts that are with the penetration being in the vagina. If penetration occurs in any other area of the body the law finds these acts as deviate sexual intercourse. With rape the victim has to fight or resist their attacker as much as they can. Many states do not follow the rule of the victim resisting their attacker in order for the crime to be considered rape. Women who are married use to not be able to press rape charges against their husbands because of them being married. Now laws have changed and more and more States are now allowing rape charges to bring against husbands who forcible make their wives have sex with them. Husbands can also face charges if they hold their wives down while another person rapes them. (Schmalleger, 2010 Chapter 8 page 238)
Statutory rape is when a person has sex with a child under a certain age whether or not the child consented or not. Statutory rape is considered even if a woman lies about her age when sexual intercourse happens. Lying about their age is not an excuse when it comes to charges of statutory rape. If a woman tells a man she is eighteen and is only fifteen and the man is twenty seven during the act of consensual sex the man can be charged with statutory rape. (Schmalleger, 2010 Chapter 8 page 239) Statutory rape can be set into motion when a young couple is having sex and the male enters into legal adulthood before the female. The female family can become angry and press charges against the male in the relationship to prevent the relationship from going forward. Many times sex crimes will insure the person who committed the crime be put on a sexual predator list and the offender has to register with the State at all times, listing their address and place of employment. These lists are available to the public and are on the internet as well.
All of the crimes, homicide, assault, mayhem, rape and statutory rape are all personal crimes. These crimes do not just target the victim in each offence but the families of the victims as well. Victims of crimes are fearful of the crimes happening again and unfortunately many victims don’t even tell about the crime they have endured.

Reference

Schmalleger, F. (2010). Criminal law today: An introduction with capstone cases. (4th ed.) Upper Saddle River, NJ: Prentice Hall.

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