Personal Crimes Analysis
Personal Crime Analysis
Violent crimes are commonly known as personal crimes, which are reported often to law enforcement agencies. According to the Uniform Crime Reporting Program (2010) violent crimes are defined as offenses that involve force or threat of force. For my Personal Crime Analysis I want to identify, define, discuss, and differentiate the following personal crimes: assault, battery, mayhem, rape and statutory rape. I will also identify and define the different types of homicides and show how they associate with assault, battery, mayhem, rape, and statutory rape.
Assault And Battery
According to California Law Penal Code Sections 240 (2009) an assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Assault and battery crimes are very similar to one another. According to California Law Penal Code Section 242 (2009) a battery is a willful and unlawful use of force or violence upon the person of another. Assault is considered to be a specific intent crime because an act of assault can occur if the suspect(s) is intending to commit battery. An example of how assault and battery relate would be if person???A??? shouted violent threats to person ???B???. If person ???A??? appears agitated at the time of the verbal threats than person ???B??? can think he or she is in imminent danger. In this case person ???A??? has already assaulted person ???B??? with his or her violent threats. The incident would then progress to a battery if person ???A??? physically attacked person ???B???.
When a person intentionally inflicts injury to another person that causes disfigurement, removal of body parts or impairs a body function the suspect(s) also can be charged with aggravated assault and Mayhem. According to the California Penal Code Section 203 (2009) ???everyone who unlawfully and maliciously deprives a person of a member of his or her body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts an eye, or slits the nose, ear, or lip, is guilty of mayhem.??? A perfect example of mayhem would be that of a former London television presenter whose face was disfigured in an acid attack. On March 31, 2008, Katie Piper??™s face was disfigured when a man named Stefan Sylvestere threw acid at her face while walking on a busy London street. Sylvestere had been hired to commit such attack by Piper??™s ex-boyfriend Daniel Lynch. According to Murfitt, N. from Dailymail.com (October 19, 2009) prior to Piper??™s attack she had been assaulted and raped by Mr. Lynch. In an attempt to get away from him she broke up the relationship and later started receiving threatening messages, which then led to the acid attack.
Rape and Statutory Rape
Both rape and statutory rape involve unlawful sexual contact or intercourse. According to California Penal Code Section 261 (2009) rape is the act of unlawful sexual intercourse that is accomplished against the victim??™s will by means of force, fear, violence, duress, or menace. In some states rape is also considered first-degree sexual assault. Statutory rape is non-forcible sexual intercourse with a person who is younger than the statutory age of consent depending on the state of residence. According to the California Penal Code Section 261.5 (2009) statutory rape is defined as sexual intercourse with a person who is under the age of eighteen. The difference between rape and statutory rape is that the act of rape is without the consent of the victim and statutory rape can involved the consent of both parties involved. Rape is associated with assault and battery because in most cases the attacker uses verbal or physical threats and violence to get what he or she wants. If the attacker believes the victim may identify him or her there is the possibility that the incident may turn into a murder.
Types of Homicides
In most cases involving a homicide there is the chance that personal crimes were associated to the incident. A homicide occurs when a person takes the life of another whether intentionally or unintentionally. I believe there are several types of homicide. Each type of homicide is different based on the circumstances, person, and events that led to the incident. For this paper I want to discuss four types of homicide: First-Degree Murder, Second-Degree Murder, Manslaughter, and Felony Murder.
First-Degree Murder and Felony Murder
According to FindLaw (2009), ???in most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated.??? First-degree murder is basically when a person kills another after planning the act. An example of first-degree murder would be if Bill Johnson found his wife with another man in bed and a few days later he followed that man and killed him. In this type of case Bill Johnson followed the other man with the intention of killing him and taking revenge. In some states first-degree murder can be charged as a felony murder if the suspect(s) killed another person (intentional or unintentionally) during the commission of a felonious violent act. According to FindLaw (2009), some of the violent felonies that can result in murder are usually arson, kidnapping, robbery, burglary, and rape. An example, of felony murder would be if Tim and Jane killed accidentally store clerk Juan during the commission of a robbery.
In criminal law second-degree murder differs from first-degree murder in that there is no premeditation in the commission of the crime. According to FindLaw (2009) second-degree murder is the intentional killing of a person without premeditation or plan. Second-degree murder is the killing of a person caused by the offender??™s dangerous conduct in which he or she had no concern for other people??™s lives. An Example of second-degree murder: John Doe was in a Los Angeles gang and was asked to kill a rival gang member who was at a block party. During the commission of the crime John Doe started shooting at the rival gang member but instead killed a little innocent boy. Another example of second-degree murder would be if John Doe was engaged in physical battery with a rival gang member and it resulted in the death of that person.
According to the California Penal Code Section 192 (2009) manslaughter is the unlawful killing of a person without malice. There are three types of manslaughter: voluntary, involuntary, and vehicular. Voluntary manslaughter is the killing of a person that resulted in the heat of passion. An example of voluntary manslaughter would be the killing of a person(s) in the ???heat of passion??? by an emotional shocked individual who found his or her spouse in the arms of another. Involuntary manslaughter is caused when a person engages in reckless behavior that results in the death of another person. An example of involuntary manslaughter would be someone shooting a gun for target practice in his or her backyard and accidently shooting and killing his next door neighbor. According to California Penal Code Section 191.5 (2009) Gross Vehicular Manslaughter is the killings of someone while driving intoxicated.
There are different types of homicides and in some cases they were initiated by a violent personal crime. Personal crimes such as assault, battery, mayhem, rape, and statutory rape can sometimes escalate to the attacker murdering his or her victim. There are many reasons, excuses or defenses that can be used to explain why someone would kill another human being. Violent crimes unfortunately are part of society and many times are associated with homicide. According to the Federal Bureau of Investigations (2009) in 2009 Los Angeles California had a recorded 22,454 violent crimes for every 100,000 people. Los Angeles California also had 313 murders, 863 cases of forcible rape and 10,142 aggravated assaults. I believe the Los Angeles crime numbers are growing at a fast passe as more and more people move in to the area.
California Law. (2009). California Penal Codes. Retrieved July 4, 2010, from http://www.leginfo.ca.gov/calaw.html
California Law. (2009). California Codes- Penal Code Section 240-248. Retrieved July 5, 2010, from http://www.leginfo.ca.gov/cgi-bin/waisgateWAISdocID=4031398561+7+0+0&WAISaction=retrieve
Federal Bureau of Investigations. (2009). Preliminary Annual Uniform Crime Report: January- December 2009. Retrieved July 6, 2010, from http://www.fbi.gov/ucr/prelimsem2009/table-4al-ca.html
FindLaw. (2009). Murder: First Degree. Retrieved July 6, 2010, from http://criminal.findlaw.com/crimes/a-z/murder_first_degree.html
Murfitt, N., (October 19, 2009). Mail Online: I was savagely disfigured by my derange boyfriend: Acid attack victim bravely shows her face. Retrieved July 6, 2010, from http://www.dailymail.co.uk/femail/article-1221077/katie-piper-acid-attack-victim-bravely-shows-face-disfigured-boyfriend-daniel-lynch.html