Section 9 Flashcards
“An intentional, unlawful act of injury to another by force, or force directed at another person, under circumstances that create the fear of imminent and peril, coupled with an apparent ability to execute the attempt, if not prevented. The intention of harm is of the essence. Mere words, although provoking or insulting, are not sufficient.” What case?
Naler V State (1933)
Example, i am going to beat you up. Is that assault?
no
Example, if you come up and swing your fist that is imminent peril and you have the apparent ability to execute the attempt but mere words are not enough. True or False
True
The 1st amendment is way more powerful in this country than people seem to think. True or False
True
You can get arrested and criminally charged for inciting imminent lawless action but the bar there is high. True or False
True
Example, fire in a crowded theater used in a first amendment case was overturned by the Supreme Court. True at one point but no longer true.
True
Very few things you could be arrested for merely saying. True or False
True
Example, releasing of classified information could you be arrested?
yes
Assault is no longer distinct from ______. It is no longer a separate crime and it has been shoved under assault.
battery
- Threat, fear of, or actually inflicting bodily harm.
2. injuries neither sever or permeant
Simple assault
- Inflicting severe bodily injury
2. Sometimes “assault with a deadly weapon”
Aggravated/ Felonious Assault
Two types of assault:
1.
2.
- simple
2. aggravated
Assault is always a state level crime. In most states they separate out simple and aggravated and felonious assault. True or False
True
In _______ assault this is where you get the threat or fear of actually inflicting bodily harm. It must be imminent, and you must have the apparent ability to do it.
Simple
Example, kicked in the stomach and punched in the face but there was no real permanent injury. You did not stay in the hospital for a week or lose a limb.
Simple assault
Example, lose a limb or a finger or must have major surgery or in the hospital.
Aggravated/ felonious assault
In some states they have assault with a deadly weapon. True or False
True
The two major ways that measure crime are what
UCR
NCVS
The UCR gets their information from who?
police departments
The NCVS gets their data from who?
Victims
Our best guess is that only ____ % of assaults are reported to the police.
43%
Simple assault Much less likely to get reported to police departments. The more severe the assault the more likely it is to be reported to the police. True or false
True
______ assault 38.5% reported.
Simple
______ assault is 64.3% reported.
Aggravated
Clearance rate of assault reported to police is _____%. When it does get reported to the police the clearance rate is just over half. This is not terrible.
57.7%
Are all assaults illegal?
no
As a society we have said that police are allowed to use an x amount of force because the police job is important for society. True or False
True
In many states are allowed to use force to maintain discipline in their classrooms. In Texas, Georgia, and Tennessee it ws on the books that they could use ______ punishment on their students.
corporal
Teachers using corporal punishment on their students in the 21st century is what?
rare
Because they are self- contained moving vehicles those people have the legal authority to use force in extreme situations. Examples: 1. 2. 3. 4.
- bus drivers
- airline pilots
- train conductors
- ship captains
Example, airline where a guy goes crazy and the flight attendant forced him into his chair and duck tapped him. was this legally allowed?
Yes
Elements of the crime for simple assault: 1. 2. 3. 4. 5.
- intent to do bodily harm
- harm does not need to be a lot
- present ability to commit the act
- overt act toward carrying out the intention
- more than a threat or gesture
- intent to do bodily harm
- harm does not need to be a lot
- present ability to commit the act
- overt act toward carrying out the intention
- more than a threat or gesture
Elements of the crime for simple assault
Every crime has elements of the crime. If we are going to get a conviction we need to prove what?
each element of the crime
If we fail to prove any elements of the crime beyond a reasonable doubt the jury will find the person __ _____.
not guilty
Example, slap you. That is not severe bodily harm. It does not need to be severe it just needs to be more than 0. You must show intent. True of False
True
Example, in a crowd and get showed into you and accidentally tackle you. If i tackle you on purpose that could be simple assault. If i got shoved into you and it was an accident and no intent to cause harm, there is no crime.) True or False
True
Even if it does not actually land. Example, throw a punch and miss. That is not simple assault because i do not have the present ability to commit the act and harm them. True or False
True
More than just the threat of “i am going to stab you”. I must take out a knife and go towards stabbing you. This refers to what?
overt act toward carrying out the intention
Elements of the crime for aggravated assault 1. 2. 3. 4.
- all for simple assault
- high probability of death
- serious, permanent disfigurement
- Permanent or Pro fractured loss or impairment of a body part or other severe bodily harm
- all for simple assault
- high probability of death
- serious, permanent disfigurement
- Permanent or Pro fractured loss or impairment of a body part or other severe bodily harm
Elements of the crime for aggravated assault
I took out a gun and shot at you. No matter what happens there is a _______________ if you are getting shot at.
high probability of death
scar, loss of limb, half of liver removed
serious, permanent disfigurement
Hit in the spine and lose feeling below the waist. That is not a permanent impairment but there is an impairment of a body part.
Permeant or Pro fractured loss or impairment of a body part or other severe bodily harm
