Chapter 5 Offenses Against the Person Part 1 Assault and Related
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
Charging Language
1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only -
Lifetime Likelihood of Victimization
U. S. Department of Justice I Bureau of Justice Statistics I Lifetime Likelihood of Victimization by Herbert Koppel people's perception of the meaning of BJS Analyst March 1987 annual rates with respect to their own The Bureau of Justice Statistics lives. If the Earth revolved around the This report provides estimates of the National Crime Survey provides sun in 180 days, all of our annual crime likelihood that a person will become a annual victimization rates based rates would be halved, but we would not victim of crime during his or her life- on counts of the number of crimes be safer. time, or that a household will be vic- reported and not reported to timized during a 20-year period. This police in the United States. These Calculating lifetime victimization rates contrasts with the conventional use of a rates are based on interviews 1-year period in measuring crime and twice a year with about 101,000 For this report, lifetime likelihoods criminal victimization. Most promi- persons in approximately 49,000 of victimization were calculated from nently, the National Crime Survey nationally representative NCS annual victimization rates and life (NCS) surveys a sample of U.S. house- households. Those annual rates, tables published by the National Center holds and publishes annual victimization while of obvious utility to for Health statistics.% The probability rates, and the FBI's Uniform Crime policymakers, researchers, and that a person will be victimized at a Reports (UCR) provide annual rates of statisticians, do not convey to particular age basically depends upon crimes reported to the police. -
Have You Been the Victim of Assault, Robbery, Harassment Or Some Other School-Related Crime?
Have you been the victim of assault, robbery, harassment or some other school-related crime? If you have, are you: Housed at the UFT and staffed by your colleagues who ➤ Feeling vulnerable, anxious, fearful, angry or understand your school environment and both the pressures depressed? and satisfactions of your job, the Victim Support Program is the only one of its kind in the country. Services include: ➤Confused about procedures and forms? ✓ Individual and group counseling conducted by Frustrated by the paperwork involved in securing your ➤ licensed psychologists, specially trained and medical benefits, claiming line-of-duty injury, or dealing with law enforcement or other agencies? experienced in working with people who are suffering trauma. ➤ Apprehensive about returning to work? ✓ Help with forms and procedures. Call the Victim Support Program. Assistance in dealing with the police department and The Victim Support Program was established in 1989 by ✓ the United Federation of Teachers and the New York City other criminal justice agencies. Board of Education to provide comprehensive, practical ✓ Support as we accompany you to court or the Board’s assistance and psychological support to teachers and other Medical Bureau. school personnel following crimes and violent incidents in Visits to schools following violent incidents to deal school. ✓ with “ripple effect” trauma. Our goal is to help you cope with the aftermath of a criminal incident. We will support you as you strive for recovery after what we know is often a professionally and personally traumatic event. Call us. We can help! (212) 598-6853 Monday-Friday, 10 a.m.- 6 p.m. -
Individual Incident Entry (IIE)
Individual Incident Entry (IIE) To begin entering a Group A or Group B incident into the state repository, click the “Incident / Arrest” button. Choose Incident or Arrest Click the “Incident Report” button to begin entering Group A incidents or click “Arrest Report” to begin enter Group B incidents into the repository. If you choose Group A, Incident …. Start with selecting either New Case or Get Previous Case Group A, New Case …. 1 2 After clicking on “New Case”: 1) enter the incident number in the box and 2) click “OK” – these steps are mandatory. Group A, Previous Case …. 1 2 After clicking “Get Previous Case”: 1) enter the incident number or partial number in the box and 2) click “Search”. Either one incident or a list of incidents with the partial number will display. Click the “Select” button to choose the appropriate case. Incident data elements …. Optional: Use only if incident date is Mandatory (if known): unknown Date incident occurred (MM/DD/YYYY) (MM/DD/YYYY) Mandatory: Use military 24-hour time; if incident occurs exactly at If an incident needs to be midnight, consider it to have removed from the repository, occurred at the beginning of the “delete” it here. following day. Optional: Physical address or Mandatory: Answer “no” or “yes” only for the latitude/longitude contribute to the offenses of: repository crime mapping feature. All Other Larceny Bribery Burglary/Breaking & Entering Credit Card/ATM Fraud Embezzlement Extortion/Blackmail False Pretenses/Swindle/Confidence Game (Fraud) Impersonation (Fraud) Motor Vehicle Theft Theft From A Building Theft from a Motor Vehicle Robbery Wire Fraud Victim data elements …. -
Competing Theories of Blackmail: an Empirical Research Critique of Criminal Law Theory
Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory Paul H. Robinson,* Michael T. Cahill** & Daniel M. Bartels*** The crime of blackmail has risen to national media attention because of the David Letterman case, but this wonderfully curious offense has long been the favorite of clever criminal law theorists. It criminalizes the threat to do something that would not be criminal if one did it. There exists a rich liter- ature on the issue, with many prominent legal scholars offering their accounts. Each theorist has his own explanation as to why the blackmail offense exists. Most theories seek to justify the position that blackmail is a moral wrong and claim to offer an account that reflects widely shared moral intuitions. But the theories make widely varying assertions about what those shared intuitions are, while also lacking any evidence to support the assertions. This Article summarizes the results of an empirical study designed to test the competing theories of blackmail to see which best accords with pre- vailing sentiment. Using a variety of scenarios designed to isolate and test the various criteria different theorists have put forth as “the” key to blackmail, this study reveals which (if any) of the various theories of blackmail proposed to date truly reflects laypeople’s moral judgment. Blackmail is not only a common subject of scholarly theorizing but also a common object of criminal prohibition. Every American jurisdiction criminalizes blackmail, although there is considerable variation in its formulation. The Article reviews the American statutes and describes the three general approaches these provisions reflect. -
Definitions of Child Abuse and Neglect
STATE STATUTES Current Through March 2019 WHAT’S INSIDE Defining child abuse or Definitions of Child neglect in State law Abuse and Neglect Standards for reporting Child abuse and neglect are defined by Federal Persons responsible for the child and State laws. At the State level, child abuse and neglect may be defined in both civil and criminal Exceptions statutes. This publication presents civil definitions that determine the grounds for intervention by Summaries of State laws State child protective agencies.1 At the Federal level, the Child Abuse Prevention and Treatment To find statute information for a Act (CAPTA) has defined child abuse and neglect particular State, as "any recent act or failure to act on the part go to of a parent or caregiver that results in death, https://www.childwelfare. serious physical or emotional harm, sexual abuse, gov/topics/systemwide/ or exploitation, or an act or failure to act that laws-policies/state/. presents an imminent risk of serious harm."2 1 States also may define child abuse and neglect in criminal statutes. These definitions provide the grounds for the arrest and prosecution of the offenders. 2 CAPTA Reauthorization Act of 2010 (P.L. 111-320), 42 U.S.C. § 5101, Note (§ 3). Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov Definitions of Child Abuse and Neglect https://www.childwelfare.gov CAPTA defines sexual abuse as follows: and neglect in statute.5 States recognize the different types of abuse in their definitions, including physical abuse, The employment, use, persuasion, inducement, neglect, sexual abuse, and emotional abuse. -
Virginia Model Jury Instructions – Criminal
Virginia Model Jury Instructions – Criminal Release 20, September 2019 NOTICE TO USERS: THE FOLLOWING SET OF UNANNOTATED MODEL JURY INSTRUCTIONS ARE BEING MADE AVAILABLE WITH THE PERMISSION OF THE PUBLISHER, MATTHEW BENDER & COMPANY, INC. PLEASE NOTE THAT THE FULL ANNOTATED VERSION OF THESE MODEL JURY INSTRUCTIONS IS AVAILABLE FOR PURCHASE FROM MATTHEW BENDER® BY WAY OF THE FOLLOWING LINK: https://store.lexisnexis.com/categories/area-of-practice/criminal-law-procedure- 161/virginia-model-jury-instructions-criminal-skuusSku6572 Matthew Bender is a registered trademark of Matthew Bender & Company, Inc. Instruction No. 2.050 Preliminary Instructions to Jury Members of the jury, the order of the trial of this case will be in four stages: 1. Opening statements 2. Presentation of the evidence 3. Instructions of law 4. Final argument After the conclusion of final argument, I will instruct you concerning your deliberations. You will then go to your room, select a foreperson, deliberate, and arrive at your verdict. Opening Statements First, the Commonwealth's attorney may make an opening statement outlining his or her case. Then the defendant's attorney also may make an opening statement. Neither side is required to do so. Presentation of the Evidence [Second, following the opening statements, the Commonwealth will introduce evidence, after which the defendant then has the right to introduce evidence (but is not required to do so). Rebuttal evidence may then be introduced if appropriate.] [Second, following the opening statements, the evidence will be presented.] Instructions of Law Third, at the conclusion of all evidence, I will instruct you on the law which is to be applied to this case. -
Brandenburg in a Time of Terror Thomas Healy
Notre Dame Law Review Volume 84 | Issue 2 Article 3 1-1-2009 Brandenburg in a Time of Terror Thomas Healy Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Recommended Citation Thomas Healy, Brandenburg in a Time of Terror, 84 Notre Dame L. Rev. 655 (2009). Available at: http://scholarship.law.nd.edu/ndlr/vol84/iss2/3 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. BRANDENBURG IN A TIME OF TERROR Thomas Healy* Forfour decades, the Supreme Court's decision in Brandenburg v. Ohio has been celebrated as a landmark in First Amendment law. In one short unsigned opinion, the Court distanced itselffrom the embarrassment of the Red Scare and adopted a highly protective test that permits advocacy of unlawful conduct in all but the most dangerous cases. But 9/11 and the threat of terror- ism pose a new challenge to Brandenburg. Although the government has not resorted to the excesses of McCarthyism, it has taken disturbing steps to silence the speech of political dissenters. These efforts raise questions about the ade- quacy of Brandenburg to protect speech during a time of crisis andfear. They also highlight ambiguities in the Brandenburg test that have been largely ignored by courts. For instance, does Brandenburg apply during war as well as peace? Does it apply to private advocacy as well as public advocacy? And is there anything about the current terrorist threat that would make its protections inapplicable? To answer these and other important questions, this Article undertakes a comprehensive reexamination of Brandenburg and the issue of criminal advocacy. -
Mandatory Minimum Penalties and Statutory Relief Mechanisms
Chapter 2 HISTORY OF MANDATORY MINIMUM PENALTIES AND STATUTORY RELIEF MECHANISMS A. INTRODUCTION This chapter provides a detailed historical account of the development and evolution of federal mandatory minimum penalties. It then describes the development of the two statutory mechanisms for obtaining relief from mandatory minimum penalties. B. MANDATORY MINIMUM PENALTIES IN THE EARLY REPUBLIC Congress has used mandatory minimum penalties since it enacted the first federal penal laws in the late 18th century. Mandatory minimum penalties have always been prescribed for a core set of serious offenses, such as murder and treason, and also have been enacted to address immediate problems and exigencies. The Constitution authorizes Congress to establish criminal offenses and to set the punishments for those offenses,17 but there were no federal crimes when the First Congress convened in New York in March 1789.18 Congress created the first comprehensive series of federal offenses with the passage of the 1790 Crimes Act, which specified 23 federal crimes.19 Seven of the offenses in the 1790 Crimes Act carried a mandatory death penalty: treason, murder, three offenses relating to piracy, forgery of a public security of the United States, and the rescue of a person convicted of a capital crime.20 One of the piracy offenses specified four different forms of criminal conduct, arguably increasing to 10 the number of offenses carrying a mandatory minimum penalty.21 Treason, 17 See U.S. Const. art. I, §8 (enumerating powers to “provide for the Punishment of counterfeiting the Securities and current Coin of the United States” and to “define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations”); U.S. -
CRIMINAL ATTEMPTS at COMMON LAW Edwin R
[Vol. 102 CRIMINAL ATTEMPTS AT COMMON LAW Edwin R. Keedy t GENERAL PRINCIPLES Much has been written on the law of attempts to commit crimes 1 and much more will be written for this is one of the most interesting and difficult problems of the criminal law.2 In many discussions of criminal attempts decisions dealing with common law attempts, stat- utory attempts and aggravated assaults, such as assaults with intent to murder or to rob, are grouped indiscriminately. Since the defini- tions of statutory attempts frequently differ from the common law concepts,8 and since the meanings of assault differ widely,4 it is be- "Professor of Law Emeritus, University of Pennsylvania. 1. See Beale, Criminal Attempts, 16 HARv. L. REv. 491 (1903); Hoyles, The Essentials of Crime, 46 CAN. L.J. 393, 404 (1910) ; Cook, Act, Intention and Motive in the Criminal Law, 26 YALE L.J. 645 (1917) ; Sayre, Criminal Attempts, 41 HARv. L. REv. 821 (1928) ; Tulin, The Role of Penalties in the Criminal Law, 37 YALE L.J. 1048 (1928) ; Arnold, Criminal Attempts-The Rise and Fall of an Abstraction, 40 YALE L.J. 53 (1930); Curran, Criminal and Non-Criminal Attempts, 19 GEo. L.J. 185, 316 (1931); Strahorn, The Effect of Impossibility on Criminal Attempts, 78 U. OF PA. L. Rtv. 962 (1930); Derby, Criminal Attempt-A Discussion of Some New York Cases, 9 N.Y.U.L.Q. REv. 464 (1932); Turner, Attempts to Commit Crimes, 5 CA=. L.J. 230 (1934) ; Skilton, The Mental Element in a Criminal Attempt, 3 U. -
Police Perjury: a Factorial Survey
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Police Perjury: A Factorial Survey Author(s): Michael Oliver Foley Document No.: 181241 Date Received: 04/14/2000 Award Number: 98-IJ-CX-0032 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. FINAL-FINAL TO NCJRS Police Perjury: A Factorial Survey h4ichael Oliver Foley A dissertation submitted to the Graduate Faculty in Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of Philosophy. The City University of New York. 2000 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. I... I... , ii 02000 Michael Oliver Foley All Rights Reserved This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. -
Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 ..............................................................................................