Classifying Crimes - Essay Example

? ifying Crimes Common Law Assault and Battery The common law crimes of assault and battery are offences of a violent nature caused by an individual against another. Although each state has tailored the actus reus and mens rea of both crimes as per state law, the basic common law elements are still applicable to both crimes. Assault and battery are very often interlinked and occur as a series of events, with the former (assault) frequently but not always constituting a threat of the latter (battery). Thus a single incident, i.e. when a person threatens another with violence causing immediate apprehension of physical harm, and then carries out the threat against him/her gives rise to both causes of action. Today, while some states continue to separate the two crimes, many have combined both under one single assault statute, causing the legal act of battery to be spoken of incorrectly in common nomenclature as ‘assault’. Under the U.S. common law system, the crime of assault is commonly treated as a felony offence. If certain aggravating factors are present, i.e. if the assault is committed against very young children or a law enforcement official, it may be categorized as a misdemeanor offence. Virginia Code §18.2-57 adds additional criteria to the definition of simple assault and battery which enhances the penalty by creating mandatory jail time for certain behavior. For instance if the accused “. . . intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.” (Legislative Information System, Code of Virgina, http://leg1.state.va.us) Common law defines assault as an attempt to commit battery and requires the presence of four elements: (1) the present ability to commit the act, (2) which must be an unlawful attempt to cause (3) violent injury (4) upon another. The mens rea of assault is intent; thus the crime is not one of strict liability. The defendant must intend to instill, by his threat, fear of immediate harm to another’s self. A second component of the intent is that it must be voluntary: the defendant must make it out of his own free will and not under duress. The physical aspect of assault is quite broad at common law, as it involves any actions or words spoken by one to cause another to apprehend instant violence. Thus assault could include words, i.e. yelling to another person, ‘I’m going to kill you’ or actions by pointing some sort of a weapon at another, i.e. a knife or a gun, which would make a reasonable man fear for his safety. Thus an empty threat, where the other party is well aware that the defendant cannot possibly cause any immediate physical harm, for example by being on the other side of a securely locked door for, although might be frightening cannot be considered assault as it would not make one fear for his/her immediate physical safety. (Samaha, J. (2011). Criminal law, 10 edn. NY) Simple battery is usually a misdemeanor but may rise to a felony if the victim is, for instance, a child or a senior citizen. [Cases: Assault and Battery 48. C.J.S. Assault and Battery §§ 2-3, 62, 64-66, 81.] (Black's Law Dictionary (8th ed. 2004), battery) Criminal battery, sometimes defined briefly as the unlawful application of force to the person of another, may be divided into its three basic elements: (1) the defendant's conduct (act or omission); (2) his 'mental state,' which may be an intent to kill or injure, or criminal negligence, or perhaps the doing of an unlawful act; and (3) the harmful result to the victim, which may be either a bodily injury or an offensive touching." Wayne R. LaFave & Austin W. Scott Jr., Criminal Law § 7.15, at 685 (2d ed. 1986). (Black's Law Dictionary (8th ed. 2004), battery) The mental element required in criminal battery is wide, ranging from genuine intent to criminal negligence, i.e. failure to observe due care to avoid criminal consequences and the intent to commit an unlawful act. As culpability or a guilty mind has to be proven in all three situations, it cannot be said that battery is a tort of strict liability. Intent is not negated if the aim of the contact was a joke. Consent is a defense. Under certain circumstances consent to a battery is assumed. A person who walks in a crowded area implicitly consents to a degree of contact that is inevitable and reasonable as a consequence of modern, urban life. Consent may also be assumed if the parties had a prior relationship unless the victim gave the defendant a previous warning. (West Encyclopedia of American Law, Gale; 2nd edition, 2004.) "A battery is the actual application of force to the body of the prosecutor. It is, in other words, the assault brought to completion. Thus, if a man strikes at another with his cane and misses him, it is an assault; if he hits him, it is a battery. But the slightest degree of force is sufficient, provided that it be applied in a hostile manner; as by pushing a man or spitting in his face. Touching a man to attract his attention to some particular matter, or a friendly slap on the back is not battery, owing to the lack of hostile intention." Stephen's Commentaries on the Laws of England 62-63 (L. Crispin Warmington ed., 21st ed. 1950). (Black’s Law Dictionary (8th ed. 2004), battery) The act of battery act must result in one of two forms of contact. Causing any physical harm or injury to the victim — such as a cut, a burn, or a bullet wound — could constitute battery, but actual injury is not required. Even though there is no apparent bruise following harmful contact, the defendant can still be guilty of battery; occurrence of a physical illness subsequent to the contact may also be actionable. The second type of contact that may constitute battery causes no actual physical harm but is, instead, offensive or insulting to the victim. Examples include spitting in someone's face or offensively touching someone against his or her will. Touching the person includes not only contacts with the body, but also with anything closely connected with the body, such as clothing or an item carried in the person's hand. For example, a battery may be committed by intentionally knocking a glass out of someone's hand, or pulling their jacket. As both crimes interfere with an individual’s personal safety/well being, they are unanimously considered to be morally reprehensible and not criminalized in any specific jurisdiction, they are considered to be mala in se crimes. Scenario of Assault and Battery: Tom and Gina are talking at a party. John mistakenly thinks that Tom has made a derogatory remark against him. He storms over to the couple brandishing a wine bottle threateningly at Tom and yells, “You’ll be at the Emergency Room when I’m done with you, Tom!” When Tom turns around in confusion, John pushes him and hits him on the head with the wine bottle. Citations: Black's Law Dictionary (8th ed. 2004) Legislative Information System, Code of Virgina, http://leg1.state.va.us Samaha, J. (2011). Criminal law, 10 edn. NY West Encyclopedia of American Law, Gale; 2nd edition, 2004 Read More