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