Transcript
Chapter 3 Crimes Against the Person
1. The elements of robbery are: (a) wrongful taking, (b) carrying away, (c) personal property of another, (d) from the person or personal custody, and (e) against the other's will with force and violence.
2. The first three elements of robbery are the same as for larceny.
3. One of the principal differences between larceny and robbery is that in robbery a taking "from the person" occurs, whereas in larceny it does not.
4. The degree of force is immaterial so long as it is sufficient to obtain the victim's property against his or her will.
5. An intimidation will take the place of the force required in the crime.
6. It was not mayhem to cut off one's nose or ear or to disfigure a person in a way that did not interfere with the ability to fight.
7. An assault is an attempt to commit a battery; a battery is the actual contact or touching of another without permission or privilege.
8. Battery requires a general criminal intent or reckless behavior on the part of the perpetrator.
9. Simple assault and battery is generally a misdemeanor; aggravated assault is a felony by statute in most states.
10. Examples of aggravated assault are assault with intent to murder, assault with a dangerous weapon, and assault with intent to commit unarmed robbery.
11. The essential elements of rape at common law were: (a) carnal knowledge, (b) force by the man, and (c) nonconsent by the woman.
12. A woman or a husband could be convicted of rape as principals in the second degree or as accessories to the crime by assisting to do the act.
13. Many states have changed the definition of rape to include unnatural sexual acts on men as well as women and have included the threat of bodily harm as well as actual force on the victim.
14. Statutory rape (unlawful sexual intercourse) is sexual intercourse with a child under the age set by the particular state statute regardless of whether the child consented or not.
15. In California, police officers must give domestic violence victims a "Victims of Domestic Violence" card notifying them of their rights and of the availability of counseling centers and 24-hour counseling service telephone numbers.
Understanding Legal Concepts
1. F, more serious than 6. T
2. F, was not 7. T
3. T 8. F, principal in the second degree
4. F, assault, battery 9. T
5. F, is not 10. T
Checking Terminology
1. r 5. k 9. a 13. l 17. e
2. p 6. j 10. n 14. d
3. f, g 7. b 11. h 15. i
4. m 8. c 12. o 16. q
Using Legal Language
The suspect was charged with rape when he sexually attacked a young woman late at night on a lonely road. Since the young woman was an adult, it was not the crime of statutory rape, which is called unlawful sexual intercourse in California. The suspect was not convicted of the crime because the state could not prove the element of carnal knowledge. The state was able to prove, however, a(n) assault and a(n) battery because the suspect had lunged at the young woman with a knife which struck her hand. A knife is considered to be a(n) dangerous weapon or a(n) deadly weapon. The suspect was found guilty of aggravated assault and also maim which was called mayhem at common law, because the knife had cut off the tip of the young woman's finger. The entire incident was not considered to be robbery because it was not the exertion of force against another person in order to steal from that person. Also it was not stalking because the suspect had not repeatedly followed and harassed the young woman.
Puzzling Over What You Learned
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Caveat: Allow squares for spaces between words and punctuation (apostrophes, hyphens, etc.) when filling in crossword.
Across
1. To cripple or mutilate in any way.
Laws passed to help prevent rape victims from being victimized.
The unlawful, forcible, carnal knowledge of a person without consent.
Quickly.
Sexual intercourse with a child under the age set by state statute.
Sexual intercourse.
An item capable of causing death or serious bodily injury.
Abuse of a closely related person such as a present or former spouse or cohabitant.
Down
Violently depriving others of use of members, making them less able to fight.
Unpermitted, unprivileged touching of another person.
An attempt to commit a battery.
Assault committed with the intention of committing some additional crime.
An item that is capable of causing death or serious bodily injury.
Found guilty of a crime.
Taking and carrying away another's personal property against the victim's will with force.
