Crime against Persons - Assignment Example

Crime against persons

Forcible rape

Forcible rape is defined as the carnal knowledge of a woman against their own will. The elements of forcible rape include the use of force on assault, while statutory rape, which doesn't involve force and other sexual offenses, is excluded from rape. The other essential elements of rape include the no consent and the occurrence of the sexual relations without permission being granted. Men are the most culprits of this crime but women too are involved in rape. The crime may happen to anyone regardless whether they are male or female(Code,2018).

Aggravated assault

Aggravated assault is the crime where there is an attempt to cause a significant bodily harm to another person while disregarding their right to life. The assault is referred to as aggravated incase there is use of a weapon, the intention of the culprit, the degree of injury caused by the assault and lastly the status of the victim. The elements of this crime involve the use of a deadly weapon, whether the weapon is used or not to cause bodily harm to anyone. The assault crime doesn’t need to have evidence of bodily harm but the mere fact of the perpetrator instilling fear in the victims making them fear for their lives. Aggravated assault entails the use of deadly weapons like guns, pocket knives may be included depending on how the perpetrator used them. This crime is mostly committed by men but also women may at times be involved in this crime(Code,2018).

Murder

Murder was defined as the intentional killing of another person; murder can be categorized into unlawful or committed with malice a forethought. Malice aforethought means that the killer needs to have acted out of hatred. It only exists if the defendant wanted to kill someone without justification. Malice aforethought may also exist if the killer intentionally inflicted serious physical harm to the victim that cause the death of the victim or the killer behaves in a certain way that portrays the disregard for human life. Murder may be differentiated into first degree and second-degree murder. In first degree murder the killings need to deliberate and predetermined meaning the killer had been planning to kill the victim for some time. The killer uses an explosive or a bomb. The state of California describes a first-degree murder as” that which is perpetrated by a suspect any means of an explosive and has been deliberated and predetermined is a first-degree murder”(Code,2018).

Robbery with violence

Robbery with violence in the united states is defined as the crime of attempting to take or taking anything of value by force, instilling fear in victim or the use of threats. Common law defines this crime as the deprivation of someone’s property by another party with the intention of permanently denying the victim their property. Obery with violence involves the use of weapons by the perpetrators. This crime is sometimes referred to as armed robbery. Carjacking falls under this category of crime as stealing someone’s car by force is also robbery with violence. The elects of robbery with violence include; trespassing on someone’s property, taking away their property, having an intention to steal from the suspect and using force and threats as well as instilling fear in the victims(White et al.,2018).

Shoplifting

Shoplifting is the theft of goods from a shop or a store by hiding the item in someone’s pockets, under clothes, bag or leaving the store without paying for the item. In boutiques the shoplifter may be tempted to wear the clothing from the store. This crime falls under larceny. It is different from burglary or break-ins or robbery with violence. Shoplifters may range from amateurs to criminals who have advanced to habitual criminals who steal on a regular basis from stores. Career criminals steal the items with the aim of reselling while amateurs steal to use for their personal needs. The elements of shoplifting include the willingness to conceal or take possession of items being offered in a store for sale. The intention to rightful owner the possession of their own items by failing to pay the price for the items. Women are the most prevalent perpetrators of this crime as they try to steal for personal usage(White et al.,2018).

Arson

Arson is the willful and malicious setting a blaze someone else property. The law describes arson as being a term for setting buildings ablaze but the burning of others property egg motor vehicles may also be including in arson crime. This crime is a felony but cases where other people lose their lives the crime faces a stricter penalty. Most cases of arson are caused by the intention of someone trying to commit insurance fraud by burning their buildings and claiming compensation against their insurance policy. Elements of arson in United States varies from state to state. The element of dwelling has been scarped off by some states. In many states’ arson is committed when someone burns real property without consent or with an unlawful intention(White et al.,2018).

Drug possession

The drug possession crime entails the person being in possession of drugs considered illegal in the states. The illegal drugs may make the person found in possession of them being charged in a court of law and imprisoned. There are many federal and state laws which advise against the use and possession of illegal drugs like cocaine, heroin and other hard drugs. Drugs may be deemed illegal if the person found i possession of the prescribed drugs doesn’t have a prescription. The elements to justify the person has committed a crime is if they were aware that the drug was illegal but they still possessed the drugs. The laws divide the possession of drugs into two categories, passion for person use or possession with intent to distribute. Women and men are most prevalent for this crime but most male Black Americans are the main perpetrators as they try to make quick cash by selling the drugs(Dorsey et al.,2010).

Drunkenness

Public intoxication is considered to be a crime in United States. Individuals who are drunk and disorderly in the public may be charged for public display of drunkenness. The charges for this crime may vary but they have to be an obvious display of intoxication and incompetent behaviour that disrupts public order. In the state of California, the penal code considers public intoxication to be a misdemeanor. The penal code details public intoxication as the someone who display intoxication to liquor drugs. The elements of intoxication in public are the inability of one to take care of themselves or others, found to have obstructed the free usage of the streets and sidewalks. The penal code directs that this people should be taken into custody until they have become sober then they may be set free. Both men and women engage in this crime but most men are the ones involved in the public display of intoxication’s main reason why most men engage in drunkenness is due to failure to achieve their goals or to meet expectations of the society(Dorsey et al.,2010).

Drug equipment violations

This is the crime that violates the state and federal laws that prohibit the production, distribution and the use of controlled substances, also the equipements or devices that are used in preparation of the use of this substance. The illegal cultivation, manufacturing, sale and distribution of controlled drugs or narcotic substances. This substance includes drugs like opium, cocaine, heroin, Demerol and other dangerous narcotics like Barbiturates. The elements of this crime are the possession of a controlled substance, the substance being possessed has to be an illegal substance like drugs. The person in violation of this laws must have been aware that this act was prohibited by the state and federal laws. There also has to be an intention of selling and distributing the drugs to others. Men are the most prevalent for perpetrators of this crime as they mostly engage in drug dealing cartels, women are less prevalent in committing this crime(Dorsey et al.,2010).