Crimes Against the Person

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2 categories of crime

Crimes against property are crimes that involve a person’s things: money; personal property; land; etc.

Crimes against the person are crimes that violate a person’s body, health or safety.

Crimes against the person

• Homicide• Kidnapping • Assault• Battery• Rape• Robbery is both

Homicide

Homicide is the killing of one human being by another.• Can be noncriminal or criminal• Noncriminal homicide usually means that the

killing was justified or excusable, and is not subject to criminal charges

• Criminal homicide comes in several forms

Criminal Homicide

Murder is the most serious form of criminal homicide.• First Degree Murder– Premeditated; deliberate; with malice; and intended to

kill• Felony Murder– Any killing that takes place during the commission of

certain felonies: rape, robbery, arson.– Do not need to prove intent– Most states consider felony murder to be first degree

murder

Criminal Homicide

• Second Degree Murder– Killing is done with malice– Killing is intended – But killing was not planned

• Voluntary Manslaughter– Killing that happens immediately after some

provocation– Words are not enough

Criminal Homicide

• Involuntary Manslaughter – Killing when there is no intent to kill– Results from reckless conduct that causes extreme

danger of death or bodily injury• Negligent Homicide– Death results from someone failing to exercise a

reasonable or ordinary amount of care

Homicide in Oregon

“Aggravated” Murder***First Degree MurderSecond Degree MurderFelony MurderFirst Degree Manslaughter Second Degree Manslaughter

Hypotheticals

1.John hates his friend. He decides to kill him. John calls his friend, asks to meet him an abandoned lot and shoots him. 2.Same as above, but instead of killing his friend, John shoots his friend’s dog.3.John robs a bank. His gun is not loaded but he waves it around to scare people. The guard, attempting to shoot John accidentally shoots a bank customer. What crime(s) has John committed? What about the guard?

More Hypotheticals

4. John and his friend get drunk and go joyriding. They hit a jogger and the jogger dies.

5. Same as above but the jogger is also pushing a baby stroller and the baby dies.

6. John and his buddy are wrestling for fun. While wrestling, John slips in a cheap shot and his buddy gets mad. The wrestling goes from fun to serious and in the heat of anger, John chokes his buddy to death.

PunishmentMeasure 11• Passed in Oregon in 1994 • Requires minimum mandatory sentencing for certain

crimes against persons• No possibility of early release for good behavior, over-

crowding, etc.Death Penalty in Oregon• 60 people executed since 1904• Only applicable to aggravated murder• November 2011, Governor Kitzhaber put a moratorium

on executions in Oregon

Suicide

Suicide is the deliberate taking of one’s own life•Once considered a crime•Today, courts view attempting suicide as a cry for help and usually require the person to undergo psychiatric evaluation and treatment•Assisting someone to commit suicide is a crime, usually a manslaughter.

Suicide Statistics

• A suicide occurs every 15 minutes in the U.S.

• In a typical year, more suicides than homicides

• In 2004, suicide was the 3rd leading cause of death among people aged 10-24

Suicide in Oregon

Assisted suicide is a crime in Oregon BUT

• In 1997, Oregon passed the Death with Dignity Act• Allows a capable adult, suffering from a terminal

illness determined a doctor, who has voluntarily expressed a wish to die, make a written request for medication to end their lives

• They must administer the medication themselves• Must be requested by the terminally ill person

Reflection Question:

Do you agree with the Death with Dignity Act?Why or why not?

Take 10 minutes to come up with a few reasons for or against Oregon’s Death with Dignity Act that you can share with the class.

Other Crimes Against the Person

• Kidnapping– Taking a person against their will

• Stalking– Being followed, harassed or threatened with harm

• Bullying – Usually between peers

Assault and Battery

• Historically, assault and battery were two separate and distinct crimes– Assault means to put someone in fear of danger or

bodily harm through words or conduct (no touching required)

– Battery required physical contact of some kind• Today, they words are often used

interchangeable

Assault and Battery in Oregon

•There are 4 levels of Assault recognized in Oregon•All require physical contact or the infliction of some bodily injury•Menacing – causing someone to be in imminent fear of danger or bodily injury•Oregon does not recognize battery as a crime– Battery is treated as a tort, meaning a person who is

the victim of a battery (defined as offensive or unwanted physical contact) may sue a person for money damages

RapeRape is sexual intercourse without consent• Forcible Rape– Usually through the use of a weapon or physical

force • Statutory Rape– Engaging in sexual intercourse with a person

under the legal age of consent.– Age of consent varies from state to state

Rape

Both men and women can be raped.Both men and women can commit rape.

Rape is believed to be one of the least reported crimes. • Victims are embarrassed or ashamed• Fear of being treated insensitively during

investigation and trial• Lack of trust and confidence in the criminal

justice system• Fear of facing the rapist• Religious and cultural considerations

Rape in Oregon

Oregon recognizes 18 different rape/sexual assault crimes.• Categorized by – What acts were committed or forced on the victim– Age of the victim

• Age of Consent in Oregon is 18

Problem 9.2

Questions or Comments?

Questions about law school?