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Criminal Law Of Today Chapter 1 Summary

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In chapter 8 of Criminal Law of Today, the author describes the crime of assault, battery, mayhem, false imprisonment, kidnapping, and the crime of threat. The author identifies two types of common law assault and the types of injuries of a victim that are required in order to be considered crime of battery. The author also explains the difference between common law rape and modern statutes describing sexual assault. Although both crime of assault and crime of battery are nothing alike, they are often used together. An assault is an attempted or threatened battery. A battery, on the other hand, is a consummated assault. In other words, it is the unlawful physical violence inflicted on another without their consent. One type of battery is the mayhem, which is the intentional infliction of injury on another that causes the removal of …show more content…

In the first type of assault, a defendant attempted to commit a battery, while in the second, the defendant placed another individual in fear of imminent injury. There are some elements that are extremely significant in these two types of common law assault. For example, the present ability element of the crime of assault is deeply important. This element is used in assault statutes, and it is a term that means that the individual attempting assault is physically capable of immediately carrying it out. Bodily injury is another significant element. Bodily injury is a physical harm to a human being in cases of assault and battery. Aggravated assault may mean two different things, which are either an assault that is committed with the intention of committing an additional crime or an assault that involves special circumstances. In order to prove an aggravated assault, the prosecution must show that an assault actually took place as part of another. Aggravated assault is considered when the assault was committed with a dangerous

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“A jury may infer a defendant’s specific intent from the circumstances attending the act, the manner in which it is done, and the means used, among other factors.” Id. at 834. Moreover, the specific intent to maim may not be proven exclusively from evidence that the injury inflicted is permanently disfiguring. Id. In Ferrell, the defendant entered the victim’s apartment and, after a confrontation, shot one victim in the knee, and another victim in the neck paralyzing her.

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Legal Background In the state of Nevada, battery is constituted by “any willful and unlawful use of force or violence upon the person of another.” This definition is based on the Nevada Revised Statutes, Chapter 200 Section 481. Its purpose is to create a basis for prosecuting individuals involved in criminal suits. In other words, if the individual is found guilty of battery, then the statute similarly prescribes recommended consequences that correspond to the nature of their conduct.

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For battery there must have been the actual act and intent is not necessarily a requirement. A negligent or illegal act may be enough. For assault it is required that an actual deliberate threat was made to cause fear on the victim, and there was an attempt to commit battery.

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In general, sexual assault is involuntary sexual contact that occurs through the actor's use of force, coercion or the victim's incapacitation. The law will consider the victim incapacitated if he or she did not have the mental ability to understand the nature of the sexual acts, or if the victim was physically incapable of indicating their unwillingness to participate in the sexual conduct. Common examples of these charges may arise

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The Reformation of the Catholic Church was a major turning point in the history of the Catholic Church. The Reformation means “to change”. In the 16th Century the Catholic Church was the dominating religion in the world. The Reformation was the changing or alteration of specific practices of the Catholic Church. It was also called the Protestant Reformation because of how the Protestant Churches emerged as a result of the Reformation.

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