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Personal Crimes Analysis

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Jennifer 'Foster' White

on 12 June 2013

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Transcript of Personal Crimes Analysis

Personal Crimes Analysis
Jennifer White
CJA - 354
Overview
•Differentiate between
- assault, battery, and mayhem.
•Identify and explain
- kidnapping and false imprisonment.
•Compare and contrast
- rape and statutory rape.
•Choose two states
- compare the definitions and punishment
for these crimes.

Assault
Battery
Mayhem
Kidnapping
False Imprisonment
Rape
Statutory Rape
Illinois Wisconsin
Recap
References
•Differentiate between
- assault, battery, and mayhem.
•Identify and explain
- kidnapping and false imprisonment.
•Compare and contrast
- rape and statutory rape.
•Illinois and Wisconsin
- compare the definitions and punishment for these crimes.
Common Law

- An intentional act by one person that creates an
apprehension in another of an imminent harmful or
offensive contact.

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm.

- May result in either criminal or civil liability.
- Criminal Law category of assault consisting of an
attempted but unsuccessful Battery.


(The free dictionary, 2013)
Common law
- An intentional unpermitted act causing harmful or
offensive contact with the "person" of another.

Battery is concerned with the right to have one's body left alone by others.

Its essential element, harmful or offensive contact, is the same in both areas of the law.
- The punishment for criminal battery is a fine,
imprisonment, or both.
- Usually battery is prosecuted as a crime only in cases
involving serious harm to the victim.
The criminal act of disabling, disfiguring, or cutting off or making useless one of the leg, arm, hand, foot, or eye of another
- Either intentionally or in a fight, called maiming.

The serious nature of the injury makes mayhem a felony, which is called "aggravated assault" in most states.


In essence to commit mayhem is to cause gross harm in an uncontrolled fashion.
The crime of unlawfully seizing and carrying away a person by force or Fraud, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time.
Two key elements are common to all charges of kidnapping. First, under various state and federal statutes, not all seizures and constitute kidnapping: Police officers may arrest and jail a person they suspect of a crime, and parents are allowed to reasonably restrict and control the movement of their children.
Second, some aggravating circumstance must accompany the restraint. This can be a demand for money; a demand for anything of value; an attempt to affect a function of government; an attempt to inflict injury on the abductee; an attempt to terrorize a third party; or an attempt to commit a felony.
The kidnapping of children has presented a particularly emotional issue for lawmakers.
In 1984, in response to the kidnapping and murder of his child Adam, John Walsh founded the National Center for Missing and Exploited Children.
A resource in providing assistance to parents, children, law enforcement, schools, and the community in recovering missing children and raising public awareness about ways to help prevent child abduction.

In 1996, the kidnapping and murder of Amber Hagerman in Texas inspired the Dallas/Fort Worth Association of Radio Managers and local law enforcement agencies in north Texas to create the nation's first "AMBER Alert" plan.

AMBER, in addition to being Amber Hagerman's first name, also serves as an acronym for America's Missing: Broadcast Emergency Response.

"Amber Alert" plans allow the development of an early warning system to help find abducted children by broadcasting information over radio and television to the public as quickly as possible.

This information includes descriptions and pictures of the missing child, the suspected abductor, a suspected vehicle, and any other information available and valuable to identifying the child and suspect.
http://legal-dictionary.thefreedictionary.com/Kidnapping
The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement.
False imprisonment may constitute a criminal offense in most jurisdictions, with the law providing that a fine or imprisonment, or both, be imposed upon conviction.
A criminal offense defined in most states as forcible sexual relations with a person against that person's will.

Rape is the commission of unlawful sexual intercourse or unlawful sexual intrusion. Rape laws in the United States have been revised over the years, and they vary from state to state.
Sexual intercourse (sexual penetration) by an adult with a person below a statutorily designated age.
- Minors and physically and mentally incapacitated persons
are deemed incapable of consenting to sex under rape
statutes in all states.
- Considered deserving of special protection because
they are especially vulnerable due to their youth or
condition.

Sexual intercourse with a female below the legal age of consent, even if the female gave her consent, did not resist and/or mutually participated.

In all but three states the age of consent is 18,

The theory of statutory rape is that the girl is incapable of giving consent.
Class A misdemeanor
up to $10,000, or imprisonment for up to 9 months,
Class A Misdemeanor
up to 9 months in jail/ $10,000.
Class I Felony
up to 3 ½ years in prison/ $10,000
Class H Felony
6 years in prison/ $10,000
Class E Felony
15 years in prison/ $50,000.
Assault
Battery
Kidnapping
Class C Felony
40 years/ $100,000
False Imprisonment
Class H Felony
6 years/ $10,000
Rape/ Statutory Rape
Different classes
Different jail/prison time and fines based on age of victim and circumstances surround the illegal action
Class C misdemeanor
30 days in jail/ $1,500 fine
Class A misdemeanor
1 year in jail/ 1 year probation
$2500 fine
Class 2 felony
3-7 years in prison/ $10,000



Class X felony
6-30 years in prison/ $25,000


Different classes
Different jail/prison time and fines based on age of victim and circumstances surround the illegal action
The free dictionary. (2013). Assault. Retrieved from http://legal-dictionary.thefreedictionary.com/Assault
(The free dictionary, 2013)
(The free dictionary, 2013)
(The free dictionary, 2013)
(The free dictionary, 2013)
(The free dictionary, 2013)
(The free dictionary, 2013)
(The free dictionary, 2013)
The free dictionary. (2013). Battery. Retrieved from http://legal-dictionary.thefreedictionary.com/battery
The free dictionary. (2013). Mayhem. Retrieved from http://legal-dictionary.thefreedictionary.com/mayhem
The free dictionary. (2013). Kidnapping. Retrieved from http://legal-dictionary.thefreedictionary.com/Kidnapping
The free dictionary. (2013). False imprisonment. Retrieved from http://legal-dictionary.thefreedictionary.com/false+imprisonment
The free dictionary. (2013). Rape. Retrieved from http://legal-dictionary.thefreedictionary.com/rape
The free dictionary. (2013). Statutory rape. Retrieved from http://legal-dictionary.thefreedictionary.com/statutory+rape
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