Assault Flashcards
At common law, _______ was an intentional and offensive use of physical force against another person.
Battery
_________ required physical contact but could be satisfied by even the slightest offensive touching.
Battery
__________ was usually defined as an attempted battery that did not require physical contact.
Assault
The separation between _________ and _________ remains in tort law, but the modern approach in criminal law has replaced the distinction between the two with a broadly defined _________ offense.
Battery and assault
Assault
The modern version of criminal ______ covers a wide range of conduct, from raising a fist at someone to a deadly physical attack.
Assault
Under the US constitution and in most state constitutions, the legislature can enact overlapping or identical statutes that punish the same conduct but impose different penalties.
True of False
True
__________ have the discretion to choose which statute to use. This does not violate a defendat’s equal protection rights as long as there is no evidence of selective enforcement based on a prohibited standard like race, religion, etc.
Prosecutors