|Type of paper:||Research paper|
Studies show that crimes of assault tend to have some similarities and differences. Assault is where a criminal threatens to cause harm to the body of the victim and also create fear among the victims being threatened. On the contrary, battery involves physical harm on the body of a victim. It is pertinent that in assault there is no clear physical harm caused to the victim but in battery such physical harm is directly inflicted to the victim. Changing of some components of crime may cause the offender to be charged for assault or battery in the court of law depending on whether the offender inflicted the victim direct physical harm. The paper focuses to conduct a comparative analysis of similarities and differences of assault and battery crimes. Moreover, the paper discusses whether the events faced by the victim were assault or battery.
a). Comparison of the similarities and differences in assault and battering crimes and giving example in each case
Although battery and assault crimes tend to have a close correlation in terms of their characteristics, the two types of crime tend to have some discrepancies. It is clear that assault occurs when an individual deliberately threatens to use force against another without lawful justification hence putting that individual in fear. Assault is not highly punitive in the court of law. The reason why such crime is not strictly punishable is that it involves threatening a victim without causing physical harm. When investigating assaults crimes, the jurisdiction tends to follow through and identify whether the crime committed has some threat or physical harm. In case the Jurisdiction detects the offender action has some elements of threats, then the offender is charged with assault (LaFave, 2017).
On the contrary, jurisdiction identifies battery crimes by finding out whether there was the use of force towards the victim by the offender. An example of the battery is when the offender hit a person and hence, Inflicting such a person body injuries and pain. The acts of the offender are occasion if they acted intentionally. Battery tends to be considered a serious crime as compared to assault due to the pain and injuries inflicted on the victim. Example of battering includes hitting a person intentionally with a rock and hence causing injuring and oozing of blood from victim's body. On the contrary, if the victim was not informed that the rock was thrown towards them and did not hit them then such crime may be classified as an assault.
b).Determining if the context in which the crime took place qualifies to be an assault and whether the man action should be punishable by Jurisdiction as a batter.
It can be observed from the case that woman A was walking in the dark when a man jumps suddenly in front of her. Woman hit the attacker with a stone in an effort to rescue her life from the offender. Based on this situation, it is crystal clear that all attributes of the battery are pertinent to the situation. For example, a man jumping in front of a woman at night caused a threat to the victim and hence such crime qualifies to be an assault crime. Moreover, the case indicates that the attacker stroked and ripped off the woman clothes. The acting of striking and ripping off woman clothes qualifies to be a battery due to an aspect of physical harm involved. Therefore, the Jurisdiction ma charges the attacker with two counts of crime namely assault and battery as indicated by the flow of events in the case.
c). The providing suggestion that could have changed the case from being assault and battery crime to a consensual touching based on scenario A and support your response validity
The situation can change by looking on the flow and pattern of events that were involved in the given scenario. The situation could have changed from assault and battery to consensual touching if the woman attacker did not strike her. It could have interpreted to mean that the woman and the man were in a relationship and hence there could not have been the need to involve the court as such case could have been dismissed. If the man could have jumped in front of the woman and pull her towards the alley hug and kisses without harming and threatening her the whole situation could not have qualified to be battery or assault crime but rather as consensual touching where the two agreed. Therefore, if no violence involved then the whole situation could have changed to a consensual touching.
d).A discussion on the crime of false imprisonment and provide a suggestion that would allow the court to change question 3 scenario and convict the attacker
A conviction of false imprisonment may arise when a victim has been denied liberty and confined in custody against contrary to the approval of the victim. The imprisonment can occur at any time the victim is either physically controlled, but physical restraints are not always necessary (Rakoff, & Goldstein, 2017). For example, if a person threatens the victim with violence, if he or she tries to leave would have committed false imprisonment. Also, using deception or coercion, one could have committed false custody. In general, there can be no tort of false imprisonment unless a defendant intended to cause a complainant's detention.
e). Difference between false imprisonment crime and kidnapping. Provide a notion indicating that one of the two crimes tends to be more heinous as compared to the other
When one has been imprisoned falsely it implies that a certain individual is holding another one contrary to their consent and without any court justification to do so. In brief, it is the act of detaining an individual and preventing from leaving. On the other hand, kidnapping is an unlawful action that involves grabbing forcefully and taking away a person to another location without their consent. It can be done either by family members or a stranger. A parent, who does not have legal to hold a child without the other parent's consent, can be considered as parental kidnapping. False imprisonment and kidnapping are crimes that are committed without the informed consent of the victim. However, kidnapping tends to be more heinous as compared to false imprisonment because it involves inflicting the victim and the family member emotional pain. The underlying reason for kidnapping is to extort money from the family or get information from the victim while still holding the hem in a secluded area for the undefined period. One main reason for this is the purpose of taking of the victim (Bergman, & Berman, 2018). Moreover, kidnapping involves physical moving somebody from one area to another, usually by false. A child is less likely to be to be a victim of false custody than in kidnapping. In most cases, a victim of kidnapping will be hurt or murdered if the demanded ransom is not met on time than for a false imprisonment victim.
f). considering a scene change where the offender is connected romantically and arguing with A. The offender drags A on the road side to have a conversation but A Slapped the attacker.
If romantically linked, I think (A) being dragged into the alley is against her will. It does not matter whether the man just wants to talk. The fact remains that, (A) slaps the attacker as a means of self-defense.
e). Debating and providing a rationale to support whether action by A would demand the attacker to defend himself
In my opinion, I don't think actions by A actions may require defense of the attacker. The attacker could have put his hands up to prevent an attempted slap. The attacker should not hit her back because he is the one who becomes physical by dragging her in the alley in the first place. It can be defined as family violence.
Bergman, P., & Berman, S. J. (2018). The criminal law handbook: Know your rights, survive the system. Nolo.
LaFave, W. R. (2017). Modern Criminal Law: cases, comments and questions. West Academic Publishing.
Rakoff, J. S., & Goldstein, H. W. (2017). RICO: Civil and Criminal Law and Strategy. Law Journal Press.
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