×
Log in to StudySoup
Get Full Access to Texas State - TH 2360 - Class Notes - Week 8
Join StudySoup for FREE
Get Full Access to Texas State - TH 2360 - Class Notes - Week 8

Already have an account? Login here
×
Reset your password

TEXAS STATE / Engineering / TH 2360 / What is the criminal definition of assault?

What is the criminal definition of assault?

What is the criminal definition of assault?

Description

School: Texas State University
Department: Engineering
Course: Fundamentals of Criminal Law
Professor: B.a. dr. j. d. elshoff
Term: Fall 2016
Tags: criminallaw, defenses, homicides, sexcrimes, crimesagainstpersons, and maricelaelitenotetaker
Cost: 25
Name: Week 8 + Study Guide 2
Description: This includes Week 8 notes along with the in class review. Good luck!
Uploaded: 10/24/2016
8 Pages 17 Views 4 Unlocks
Reviews


CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 8 + Review


What is the criminal definition of assault?



10/18/2016 

CHAPTER 8

KIDNAPPING

❖ Elements:

o Seizing of a person

o Confining or restraining of the person

o Unlawful carrying away of the person

o By the use of force, threat of force, fraud or deception

o With the knowledge that such movement is unlawful

❖ What is substantial distance? 1 3 ; depends how you look at it!

FALSE IMPRISONMENT

❖ (same elements as kidnapping without the carrying away)

STALKING

❖ a course of conduct causing a reasonable person to fear bodily injury or death for  himself/herself or members of his/her family; and old crime, but only new laws ASSAULT: Use Dr. Elshoff’s definition below. 


Can someone commit assault but not battery or battery but not assault?



We also discuss several other topics like What refers to the error function?

❖ an intentional act inducing fear or apprehension of a battery in a plaintiff BATTERY

❖ willful and unlawful

❖ use of force or violence against another’s person

Assault and Battery are separate and different definitions, don’t get them confused. MAYHEM

❖ an unlawful battery

❖ with malicious infliction of or attempt to inflict violent injury

❖ resulting in depriving another of a member of his body, or disabling, disfiguring or  rendering it useless, or cutting or disabling the tongue, or putting out and eye, or slitting  the nose, ear or lip.


What do crooks try to offer to try to get out of being found guilty?



TERRORISM If you want to learn more check out How does becker describe moral entrepreneurs?

❖ the commission of a traditional crime with the intent of coercing a population or  influencing a government course of action through fear or intimidation. (see the statute on  p. 162 of your textbook)  

Points when reading your cases:

❖ 2 pts=reading off your brief

❖ 3 pts=read off your brief by memorization

❖ 4 pts=poemDon't forget about the age old question of What is the definition of a classification pathway?

CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 8 + Review

REVIEW 

MAKE SURE TO KNOW THE DEFINITIONS FOR EACH BULLET  POINT GIVEN. YOU CAN FIND THE ANSWERS AS GIVEN IN ORDER  IN REFERENCE TO YOUR BOOK RESPECTIVELY.  

DEFENSES 

❖ What do crooks try to offer to try to get out of being found guilty? DEFENSE ❖ Defense: a justification or excuse presented by the perpetrator to reduce or eliminate his  or her criminal liability.

o Infancy

o Insanity

▪ Tests for insanity, as well for sanity: M’Naughten, Irresistible impulse,  Durham, ALI/substantial capacity, federal position.

o Intoxication Don't forget about the age old question of What is the meaning of fluid mosaic model?

▪ Involuntary

▪ Voluntary

o Syndromes/Disorders

▪ PMS

▪ PTSD

▪ Battered woman (spouse) syndrome

o Self Defense

o “Twinkie” Defense

o Defense of Others

o Defense of Property

o Castle Doctrine

o Duress

o Necessity

o Resisting Unlawful Arrest

o Tennessee v. Garner 

▪ Deadly force by police officers against an unarmed youth was excessive  ▪ Cannot shoot unless serious threat upon lives of public  

o Entrapment

❖ PROCEDURAL DEFENSES: traditionally examined in courses that focus on criminal  procedure and/or criminal law.  

o Double jeopardy

o Statute of Limitations

HOMICIDE If you want to learn more check out Who uses accounting information?

❖ Homicide

o Justifiable homicide

❖ Murder

o Elements

o Serial murder

o Felony murder

▪ Elements

o Voluntary Manslaughter: the intentional…

▪ Elements

CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 8 + Review

o Involuntary Manslaughter: the unintentional killing…

▪ Elements

❖ SPECIAL PROBLEMS IN HOMICIDE

o Death, there is no time limit now.

o Suicide

o Attempted Suicide If you want to learn more check out Which taste perception is genetic?

o Euthanasia

SEX CRIMES 

❖ Rape: Unlawful sexual intercourse, committed by use of force, fear, or trick.  o Rape Shield Law

o Forcible Rape

o Statutory rape

o Date Rape

o Spousal rape

❖ Guy: Will you have sex? 16-year old girl: No

o Did the guy commit a crime? Girl?

o Yes  

o No—She has not committed a crime

❖ Guy: Will you have sex? 16-year old Girl: Yes for $60

o Did the guy commit a crime? Girl?

o Yes

o No—She has not committed a crime.

❖ With Strict Liability Crimes automatic guilty.  

❖ Sodomy and Oral Copulation

o Sodomy

o Oral Copulation: (not consensual)

o Cunnilingus: (consensual)

❖ Other Sexual Behavior:  

o Transvestism

CRIMES AGAINST PERSONS 

❖ Kidnapping

o Asportation

❖ False imprisonment

❖ Stalking

❖ Assault and Battery

o Assault

o Battery

❖ Aggravated Assault and Battery

o Intent

o Transferred Intent

❖ Mayhem

❖ Terrorism

Stuff to remember by Elshoff: 

✔ Statute of Limitations and Speedy Trial are not the same.

CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 8 + Review

✔ State v. Stewart: Steward (wife) killed him (husband) while he was asleep and wasn’t in  any immediate danger. She was found not guilty because they (jury) felt bad for her.  Legally should’ve been guilty.  

o Battered woman syndrome is considered subcategory of PTSD

✔ 2 states that don’t have laws against murder: none, all states have laws against murder. ✔ Statute of Limitations for Murder in Texas: None.  

✔ Sexual activity with the courts—macrophilia  

✔ Mens rea intentionally and knowingly

✔ Which state is it a crime for a person to cross dress: no states.  

✔ Lawrence v. Texas (2003), 539 U.S. 558 (Bowers was reversed; homosexual acts ok) o consenting adults.

CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 8 + Review

10/18/2016 

CHAPTER 8

KIDNAPPING

❖ Elements:

o Seizing of a person

o Confining or restraining of the person

o Unlawful carrying away of the person

o By the use of force, threat of force, fraud or deception

o With the knowledge that such movement is unlawful

❖ What is substantial distance? 1 3 ; depends how you look at it!

FALSE IMPRISONMENT

❖ (same elements as kidnapping without the carrying away)

STALKING

❖ a course of conduct causing a reasonable person to fear bodily injury or death for  himself/herself or members of his/her family; and old crime, but only new laws ASSAULT: Use Dr. Elshoff’s definition below. 

❖ an intentional act inducing fear or apprehension of a battery in a plaintiff BATTERY

❖ willful and unlawful

❖ use of force or violence against another’s person

Assault and Battery are separate and different definitions, don’t get them confused. MAYHEM

❖ an unlawful battery

❖ with malicious infliction of or attempt to inflict violent injury

❖ resulting in depriving another of a member of his body, or disabling, disfiguring or  rendering it useless, or cutting or disabling the tongue, or putting out and eye, or slitting  the nose, ear or lip.

TERRORISM

❖ the commission of a traditional crime with the intent of coercing a population or  influencing a government course of action through fear or intimidation. (see the statute on  p. 162 of your textbook)  

Points when reading your cases:

❖ 2 pts=reading off your brief

❖ 3 pts=read off your brief by memorization

❖ 4 pts=poem

CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 8 + Review

REVIEW 

MAKE SURE TO KNOW THE DEFINITIONS FOR EACH BULLET  POINT GIVEN. YOU CAN FIND THE ANSWERS AS GIVEN IN ORDER  IN REFERENCE TO YOUR BOOK RESPECTIVELY.  

DEFENSES 

❖ What do crooks try to offer to try to get out of being found guilty? DEFENSE ❖ Defense: a justification or excuse presented by the perpetrator to reduce or eliminate his  or her criminal liability.

o Infancy

o Insanity

▪ Tests for insanity, as well for sanity: M’Naughten, Irresistible impulse,  Durham, ALI/substantial capacity, federal position.

o Intoxication

▪ Involuntary

▪ Voluntary

o Syndromes/Disorders

▪ PMS

▪ PTSD

▪ Battered woman (spouse) syndrome

o Self Defense

o “Twinkie” Defense

o Defense of Others

o Defense of Property

o Castle Doctrine

o Duress

o Necessity

o Resisting Unlawful Arrest

o Tennessee v. Garner 

▪ Deadly force by police officers against an unarmed youth was excessive  ▪ Cannot shoot unless serious threat upon lives of public  

o Entrapment

❖ PROCEDURAL DEFENSES: traditionally examined in courses that focus on criminal  procedure and/or criminal law.  

o Double jeopardy

o Statute of Limitations

HOMICIDE 

❖ Homicide

o Justifiable homicide

❖ Murder

o Elements

o Serial murder

o Felony murder

▪ Elements

o Voluntary Manslaughter: the intentional…

▪ Elements

CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 8 + Review

o Involuntary Manslaughter: the unintentional killing…

▪ Elements

❖ SPECIAL PROBLEMS IN HOMICIDE

o Death, there is no time limit now.

o Suicide

o Attempted Suicide

o Euthanasia

SEX CRIMES 

❖ Rape: Unlawful sexual intercourse, committed by use of force, fear, or trick.  o Rape Shield Law

o Forcible Rape

o Statutory rape

o Date Rape

o Spousal rape

❖ Guy: Will you have sex? 16-year old girl: No

o Did the guy commit a crime? Girl?

o Yes  

o No—She has not committed a crime

❖ Guy: Will you have sex? 16-year old Girl: Yes for $60

o Did the guy commit a crime? Girl?

o Yes

o No—She has not committed a crime.

❖ With Strict Liability Crimes automatic guilty.  

❖ Sodomy and Oral Copulation

o Sodomy

o Oral Copulation: (not consensual)

o Cunnilingus: (consensual)

❖ Other Sexual Behavior:  

o Transvestism

CRIMES AGAINST PERSONS 

❖ Kidnapping

o Asportation

❖ False imprisonment

❖ Stalking

❖ Assault and Battery

o Assault

o Battery

❖ Aggravated Assault and Battery

o Intent

o Transferred Intent

❖ Mayhem

❖ Terrorism

Stuff to remember by Elshoff: 

✔ Statute of Limitations and Speedy Trial are not the same.

CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 8 + Review

✔ State v. Stewart: Steward (wife) killed him (husband) while he was asleep and wasn’t in  any immediate danger. She was found not guilty because they (jury) felt bad for her.  Legally should’ve been guilty.  

o Battered woman syndrome is considered subcategory of PTSD

✔ 2 states that don’t have laws against murder: none, all states have laws against murder. ✔ Statute of Limitations for Murder in Texas: None.  

✔ Sexual activity with the courts—macrophilia  

✔ Mens rea intentionally and knowingly

✔ Which state is it a crime for a person to cross dress: no states.  

✔ Lawrence v. Texas (2003), 539 U.S. 558 (Bowers was reversed; homosexual acts ok) o consenting adults.

Page Expired
5off
It looks like your free minutes have expired! Lucky for you we have all the content you need, just sign up here