Batter is the unlawful physical violence on another person without their consent. Assault is a specific intent crime and battery is the commission of the specific intent. To constitute assault one has to commit an overt act from which the inference can be drawn that a violent injury was intended. Aggravated assaults are assaults with the intent to commit another offense like rape or murder. Aggravated assault can mean that assault is committed with the intention of committing an additional crime or something that involves a special circumstance.
Murder is a homicide committed with malice aforethought. 3. Malice aforethought can be proven by the following: (1) Intention to cause death; (2) Intention to cause great bodily harm; (3) Gross recklessness, i.e., gross indifference, to the risk of great bodily harm or death; (4) Intent to commit a felony that results in a death, i.e., felony-murder. 4. Malice aforethought is a required element for first degree
Some of those theories include: Social learning, rational choice, and labeling theory. Using the above theories an explanation as to the occurrence of crime and why people commit crime will be given.\ Why do people commit crime? An age old question that has yet to be definitively answered is, “Why do people commit crimes?” If this question was asked to criminals some of the responses one may receive are: “I was at the wrong place at the wrong time”, “It was self-defense”, or even “I needed to feed my family.” What makes one reason more wrong than the other, nothing. If you look at crime statistics in local areas a picture can be painted to show in site that provides answers to reasons why crimes are committed. Population and demographics also provide in site to why crimes are committed.
Thus they argue that one of the causes of crime is merely one’s rational choice. Rational choice theorists like Ron Clarke highlight that individuals have free will and the power of reason which assists them in making choices. Therefore they make calculative decisions and if they feel that the rewards of committing a crime overshadow the risk, then they are likely to commit the crime. This suggests that humans are naturally selfish and so it means that we are provided with a negative vision of looking at crime. However, the idea that humans are naturally selfish seems to be radical.
‘Outline and explain ways in which data about crime is collected’ Crime can be defined as deviant activities that break the law in any particular society. Finding out how much crime takes place isn’t easy, and attempts to measure crime can prove misleading. This doesn’t mean that crime statistics aren’t affective, but it does mean that no single measure can be fully relied upon. Many sociologists see crime statistics as a social construction, as collecting crime data is a result of the cultural expectations of society, and by understanding who commits crime and what sorts of crimes are committed, we can get a clearer picture of why people commit crime in the first place. Different sociologists have presented different theories and concepts to explain what drives a person to commit a crime, and research and statistics give us an idea of the type of crimes committed and the places that they’re most likely to occur.
All in all, the question is - does punishment deter crime? Despite extensive punishment, U.S. society has a high rate of criminal recidivism – “later offenses committed by previously convicted persons of crime.” It is the return to a life of crime after a conviction and sentence. Overall, one of the greatest challenges facing the criminal justice system is the need to balance the rights of accused criminals against society’s interest in imposing punishments on those convicted of
Criminal Acts and Choices Sandra Garcia Criminal Justice CJA/204 September 14, 2011 Leroy Hendrix, MS Criminals are often categorized or labeled as the bad seeds of society or the rejects and failures. Those are the individuals that make the choice of disobeying the law and decide to live the life of a felon. Those criminal behaviors later on result to becoming habitual and progressive towards severe crimes being committed. However, for every action there is a reason to better understand the mind of a criminal certain theories have been introduced to the criminal justice system to gain knowledge in why people commit crime and what can be done to prevent it from occurring. In this paper choice theories will be identified and how they
When people think about crime several things come to mind: murder, rape, drugs and assault. People should not forget that white collar and corporate crimes such as embezzlement and toxic waste dumping are equally as important. If you asks those same people, they would agree that crime hurts society and that laws where created to protect society. Unfortunately, citizens tend to forget that crime is socially constructed and how society perceives the social problem of crime determines how the problem is treated. According to the articles “Making slave Labor Fly,” and “Crime and Policy,” politicians have devised many ways to control how society believes social problems should be treated to further their own agenda.
All these determinates are examples of how social and economic factors influence the general crime rates. Once a person weighs the benefits and the possible consequences of a potential criminal act, they are capable to make their choice. Deterrence is what helps make the consequences outweigh the benefits of a probable crime. General deterrence offers swift and certainty of punishment, specific deterrence makes sure that criminals that are punished severely enough they do not repeat. These two deterrence methods offer somewhat of a solution to the negative approach of the choice theory; if the individual is able to be deterred they will be able to make a more rational
N’Kia West April 22, 2014 English 1010 Professor Jones The Mind Behind the Crime There are many known serial killers out in this world, and of course, these serial killers are not favorited by people. Many people do not know exactly why they kill, though there are simple reasons, maybe because of their childhood, not getting the love and support that any child should get, or maybe because of a mental disorder. But what makes a serial killer conceive of such malicious acts and with disregards of morality and consequence? What drives someone to such drastic measures to go as far as killing another? Do they do it for pleasure and ease?