Elaboration on the Term Assault - Essay Example

ASSAULT Module Module ID: The present paper aims to elaborate the term assault byexplaining its elements within the perspective of historical common law. The paper is also interested in making exploration of the elements of the current New York statute articulated for defining and eradicating various forms of assault. The paper would also make a comparison analysis of the alterations have been observed in the elements of assault between the one had been in vogue during the era of historical common law and the existing state statute depicting assault. The paper is also determined to evaluate the potential reasons leading to introduction of alterations in the notion assault. Lastly, the paper will also make suggestion for the further changes to be made in the statute in the light of the changing needs and requirements of the social establishments during the contemporary times. Hence, the paper will provide an in-depth examination of assault in accordance with the statutes of law. The Paper: Need and Significance of Law: It is a reality beyond suspicion that the states and political authorities have always been interested in devising schemes and implementing them in order to maintain law and order as well as to ensure the safety and protection of all members of society. For this purpose, statutes of laws are articulated and enforced for discouraging criminal acts and punishing the offenders, so that crime rate could be controlled in society. The devising of statutes and making amendments in them, for combating the assaults, has always been an essential part of the same campaign launched by the New York legislature and administration. Definition and Interpretation of Assault The term assault simply refers to the violent attack on some individual, group or community out of mens rea or criminal intention with the aim of inflicting physical hurt or harm subsequently. Battery and maiming are taken to be the crimes almost identical to assault, which observe proximity with assault in nature and scope, as all the three maintain similar intention and consequences, though effects of the three could witness slight differences (Bryn, 1966:614-5). Battery actually is the occurrence of physical contact between the offender and offended, while maiming could be regarded to be the combination of both assault and battery. Hence, the court of law announces punishment in accordance with the damages appeared in the wake of committing of the offence (615-6). Elements of Assaults within Historical Perspective While discussing the elements attributed to assault, there must be mens rea behind committing of this crime, and the act has actually been performed, either it has caused severe harm or the nature of damage is slight. In other terms, the act of physical assault must be deliberate and intentional one. Consequently, causing any harm or damage to other without having intention for the same does not come under the definition of assault. Thus, attempt, violence and injury serve as the elements of assault, according to the historical Common Law of New York (Bryn, 617). Somehow, if the person being attacked dodged the attack, or escape from the same, it does not mean that no assault has been made on him. Moreover, assault in early era was viewed to be the attempt to battery (618). The court, in People v. Lee (1865), maintained that an assault is the attempt with force and violence to do corporal hurt with or without weapon (Bryn, 622). As a result, violent attempt with the intention of inflicting physical harm to the victim comes under the defining of assault under Common Law (Dilliard, 593). Time to time Interpretation of Assault by to Courts of Law Somehow, while announcing judgment in People v. Conner as well as in People v. Ryan, the court (1889) maintained that actual intent to batter is not necessary in assault (Bryn, 625), which simply mirrors that physical contact or stroke in not essential in case of an assault; on the contrary, mere intention. Moreover, threatening someone with some weapon also does not come in the category of assault (625-6). Hence, the assault starts seeking the meanings that looked different from the ones observed and adopted by authorities, jurists and masses at large. Assault in Modern Times Later, other elements were also started being included in assault. In People v. O’ Connell the court maintained that in case of an assault, the offender and offended should have been physically present close to each other. In other terms, if there is considerable distance between the two, it would not be assault (627-8). The case is cited as precedent in rape and child molestation cases, where distance particularly maintains imperative significance for sexual assaults, which would not be possible in case there was physical distance between the offender and victim (629). Twentieth century has witnessed more alterations with regards to defining the term assault, where it has been explained in three different categories. First degree of assault has been regarded to be killing of a person or committing felony on an individual or property with the use of weapon or noxious substance (631). Here, assault and battery have been combined in the notion assault during modern era, despite the fact that proximity between the offender and victim is declared essential. Similarly, second degree of assault includes the administration of a dangerous substance with intent to injure of a drug with intent to abet the commission of a felony (632). It also includes seriously injuring a person. Third degree is stated to be the assault crime other than the one mentioned in first and second degrees (635). Here, it appears to be the occurrence of actus reas, where physical contact or battery is a must along with some injury inflicted upon the victim. The assault, in the modern era, has been associated with distance between the assailant and victim on the one side, and nature and intensity of the injury on the other (637). In simple words, the actus reas looks capturing more attention of the jurists and law enforcing authorities than mens rea, and consequences of attack or offence are being more heed than the malafide purpose and criminal intent behind committing the same. The Revised New York Penal Law has attempted to define various types of offence, related to assaults, in different categories (638), where intentional battery, physical injury, sexual contact and others have been determined separately in the Penal Code (639-40). Conclusion To conclude, it becomes evident that determination of various forms of assault could be viewed to be an imperative step taken by the legislature towards the right direction for deciding the nature and severity of offence on the one side, and announcing punishments against the same on the other. Since every assault, as well as attempt of assault serves as a heinous crime against the members of society, no offence could be excluded from the list of serious offences altogether. It is partly due to the very fact that viewing any offence to be minor in nature is simply tantamount to aiding the guilty and hurting the feelings and emotions of the victim actually. The inclusion of distance between the culprit and victim is of little significance due to the bitter truth that the crimes are being committed with the use of technology and devices from the safe distances in the contemporary era; as a result, the whereabouts of the offender seem to be complicated and hard to trace. So, the statutes demonstrating some appeasement towards the persons responsible for assaults must be repealed, and replaced with the effective laws. The legislature, jurists, intellectuals and human rights activists should join hands for the articulation and implementation of severest possible statutes against assaults of all kinds, so that killing, felony, rape, child molestation, robbery and other grave offences could be eradicated and knocked down from the face of society for the future days to come. Reference Byrn, Robert M. (1966). “Assault, Battery and Maiming in New York: From Common Law Origins to Enlightened Revision.” Fordham Law Review. Volume 34, Issue 4 Article 4 pp. 613-652. Retrieved from http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1873&context=flr Dilliard, Irving. (1967). “Civil Liberties if Negroes in Illinois since 1865.” pp. 592-624 Retrieved from http://dig.lib.niu.edu/ISHS/ishs-1963autumn/ishs-1963autumn-592.pdf Read More