Class 10 Notes
Popular in Principles of Criminal Justice
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Popular in Criminal Justice
This 4 page Class Notes was uploaded by Molly Notetaker on Monday April 4, 2016. The Class Notes belongs to at East Carolina University taught by in Spring 2016. Since its upload, it has received 37 views. For similar materials see Principles of Criminal Justice in Criminal Justice at East Carolina University.
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Date Created: 04/04/16
Class 10: Principles of Criminal Justice ● Child abuse and Neglect ○ Criminal code also have child abuse statutes and statutes forbidding the neglect of children ■ Active= physically hurting ■ passive= failure to care for a child adequately ○ Everyone has a duty to report suspected abuse ● Kidnapping ○ False imprisonment plus the moving of the victim ○ Common law = death ○ Originally the common law required transportation of (carrying away) to be “out of the country” ○ American statutes broadened the scope to modifying the “transportation” (carry away) requirement ○ Substantial movement? Make crime worse or help the crime be committed? ● Asportation and other crimes ○ Where the criminal purpose is kidnapping, movement is rarely a problem today ○ Where other crimes are committed, such as a robbery or rape, movement of the victim for purpose of “adding on” a kidnapping charge is more difficult ○ Most courts hold that in order to do so, some movement not merely “incident” to thether crime is necessary ● “Moving” and kidnapping confinement ○ In many jurisdictions confinement of the victim is an alternative to proof of movement in kidnapping ○ Confinement, unless defined otherwise by statute, means held in “place of isolation” where others may not reach the victim ■ Almost any location can meet this test, including the victim’s residence ● Hostage Taking ○ Hostage Taking does require that a victim be held against his/her will in some fashion, and that the purpose of doing so it to force another to perform some act, like pay a ransom or allow the criminal to escape ○ Being kidnapping typically required a forcible movement of the victim “some distance” or a “substantial distance” some states created the crime of “taking hostage” to clarify that movement of the victim is not required to prove this offense ● False Imprisonment : intentional restraint or confinement need only be unlawful: ○ confinement/restraint ○ Such act must have been intentional and without the consen of the victim ○ The defendant had no lawful authority to confine or restrain the movement of the victim ● Parental Kidnapping (child snatching, child abduction, or child stealing) ○ Throw aways, runaways, lost children (know the difference in these for the test) ● Domestic Violence & Women ○ Highest rate of officers deaths when it comes to domestic violence calls ○ Cycle to it ● Violence in the Workplace and in school ○ Assault, battery, and other crimes against the person also occur in the workplace and in public schools ■ The U.S Department of Justice reports that each year 1 million people become victims of violent crimes while at work ■ Violence also occurs in public school with some frequency in the latter half of the 20th century beginning of 21st century Chapter 12 Sexual Assault, Rape, Prostitution, and Related Sex Crimes ● Historical elements of Rape ○ Historically, the criminal elements of rape included many procedural and evidentiary rules such as: ■ Only penetration of the female vagina by the male organ ■ Only if physical force used ■ Woman had duty to establish continued, forceful resistance ■ Absence of prompt complaint was evidence complaint was false ■ Prior sexual conduct of complainant admissible on consent ■ Husband could not rape his wife ■ Corroboration needed ● Modern Elements of Rape ○ Many historical element have been abandoned ■ Rape is NOT genderneutral ■ Just need consent ■ Just saying no or stop should be enough, you don’t have to ‘fight’ them off ■ Corroboration helps and not required in most states ■ Husband can rape their wife ■ Relaxation of “prompt report” rule ■ Now we have rape shield laws that limit the evidence of past sexual conduct of the victim ● Sexual Relations in the US today ○ Sexual relations become a crime in the US if: ■ There is a lack of consent ■ They are conducted with a minor incapable of legal consent ■ They are conducted with a mentally deficient person or an adult incapable of consenting ■ They are performed in public ■ They are performed for profit (prostitution) ■ They are between a therapist and a patient and in violation of the laws of that state ● Rape or Sexual Assault ○ While many states continue to use the term rape, many also now define it as sexual assault ● Sex Crimes ○ Non consensual sex is virtually always a crime. ○ Every state has their own statutory rape law ● Consent ○ “Without consent” generally means: ■ Forced or coerced consent ■ Victims expressed lack of consent ■ Youth of victim results in inability to consent ■ Incapacity of victim to give consent (mentally deficient or drugged) ● Mistake Consent Given ○ State must prove lack of consent ○ In most jurisdictions, all victims need do is voice or show lack of consent (including inability to give consent) at any time so that a reasonable person would know consent is not given ○ Threats of force: where force is still part of the rape requirement, threats or fear of force will normally serve as a substitute for actual force ● Rape Shield Law ○ Used to limit the evidence of: ■ Past sexual behavior of victims ■ Sexual predisposition of victim (reputation) ○ Laws have been passed in many states to limit the extent to which defense attorneys in a rape case can inquire into the victim’s past sexual life ○ However, evidence MAY be admitted if it is: ■ Past sexual relations between the victim and defendant on issue of consent ■ Evidence of sex with another person, but only to prove defendant was not source of semen found on/in victim ■ I many states, evidence of prior false reports of rape is admissible (but hard to prove a “false” report) ● Statutory Rape ○ Sexual relations with a child under a specified age, usually 16, is a crime even if done with consent ○ Generally not a defense that the defendant reasonably believed the victim was above the statutory age ■ Some states have a mistakeofage defense but typically make the defense depend on some declaration of age by the alleged victim ● The Crime of Incest ○ It is estimated that 60,00 to 10,00 female children are sexxually abuseed annually and that 80% of sexual abuse is not reported ○ The crime of incest may be committed by adults with a family (any family member), but the public concern and prosecution are generally for cases involving children ○ Incest = no force ● H.I.V and AIDSRelated Crimes ○ Exposing a person to aids is a felony (knowingly) ● Law that require registration for sex offenders ○ Most states have registration laws like Megan’s Laws for convicted sex offenders. Failure to register is itself a crime ○ The sex offender registry: available for anyone to read ■ Must register in city/county/state ■ Give notice of address change and employment ○ Wide fire of misdemeanor charges that could require you to register ○ Under most systems they can’t live close to the school and give DNA samples
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