Section 9

Question 1

“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?

Answer 1

Naler V State (1933)

Question 2

Example, i am going to beat you up. Is that assault?

Answer 2

no

Question 3

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

Answer 3

True

Question 4

The 1st amendment is way more powerful in this country than people seem to think. True or False

Answer 4

True

Question 5

You can get arrested and criminally charged for inciting imminent lawless action but the bar there is high. True or False

Answer 5

True

Question 6

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.

Answer 6

True

Question 7

Very few things you could be arrested for merely saying. True or False

Answer 7

True

Question 8

Example, releasing of classified information could you be arrested?

Answer 8

yes

Question 9

Assault is no longer distinct from ______. It is no longer a separate crime and it has been shoved under assault.

Answer 9

battery

Question 10

1. Threat, fear of, or actually inflicting bodily harm.

2. injuries neither sever or permeant

Answer 10

Simple assault

Question 11

1. Inflicting severe bodily injury

2. Sometimes “assault with a deadly weapon”

Answer 11

Aggravated/ Felonious Assault

Question 12

Two types of assault:
1.
2.

Answer 12

1. simple

2. aggravated

Question 13

Assault is always a state level crime. In most states they separate out simple and aggravated and felonious assault. True or False

Answer 13

True

Question 14

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.

Answer 14

Simple

Question 15

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.

Answer 15

Simple assault

Question 16

Example, lose a limb or a finger or must have major surgery or in the hospital.

Answer 16

Aggravated/ felonious assault

Question 17

In some states they have assault with a deadly weapon. True or False

Answer 17

True

Question 18

The two major ways that measure crime are what

Answer 18

UCR

NCVS

Question 19

The UCR gets their information from who?

Answer 19

police departments

Question 20

The NCVS gets their data from who?

Answer 20

Victims

Question 21

Our best guess is that only ____ % of assaults are reported to the police.

Answer 21

43%

Question 22

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

Answer 22

True

Question 23

______ assault 38.5% reported.

Answer 23

Simple

Question 24

______ assault is 64.3% reported.

Answer 24

Aggravated

Question 25

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.

Answer 25

57.7%

Question 26

Are all assaults illegal?

Answer 26

no

Question 27

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

Answer 27

True

Question 28

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.

Answer 28

corporal

Question 29

Teachers using corporal punishment on their students in the 21st century is what?

Answer 29

rare

Question 30

``` Because they are self- contained moving vehicles those people have the legal authority to use force in extreme situations. Examples: 1. 2. 3. 4. ```

Answer 30

1. bus drivers 2. airline pilots 3. train conductors 4. ship captains

Question 31

Example, airline where a guy goes crazy and the flight attendant forced him into his chair and duck tapped him. was this legally allowed?

Answer 31

Yes

Question 32

``` Elements of the crime for simple assault: 1. 2. 3. 4. 5. ```

Answer 32

1. intent to do bodily harm 2. harm does not need to be a lot 3. present ability to commit the act 4. overt act toward carrying out the intention 5. more than a threat or gesture

Question 33

1. intent to do bodily harm 2. harm does not need to be a lot 3. present ability to commit the act 4. overt act toward carrying out the intention 5. more than a threat or gesture

Answer 33

Elements of the crime for simple assault

Question 34

Every crime has elements of the crime. If we are going to get a conviction we need to prove what?

Answer 34

each element of the crime

Question 35

If we fail to prove any elements of the crime beyond a reasonable doubt the jury will find the person __ _____.

Answer 35

not guilty

Question 36

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

Answer 36

True

Question 37

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

Answer 37

True

Question 38

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

Answer 38

True

Question 39

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?

Answer 39

overt act toward carrying out the intention

Question 40

``` Elements of the crime for aggravated assault 1. 2. 3. 4. ```

Answer 40

1. all for simple assault 2. high probability of death 3. serious, permanent disfigurement 4. Permanent or Pro fractured loss or impairment of a body part or other severe bodily harm

Question 41

1. all for simple assault 2. high probability of death 3. serious, permanent disfigurement 4. Permanent or Pro fractured loss or impairment of a body part or other severe bodily harm

Answer 41

Elements of the crime for aggravated assault

Question 42

I took out a gun and shot at you. No matter what happens there is a _______________ if you are getting shot at.

Answer 42

high probability of death

Question 43

scar, loss of limb, half of liver removed

Answer 43

serious, permanent disfigurement

Question 44

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.

Answer 44

Permeant or Pro fractured loss or impairment of a body part or other severe bodily harm