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96 Chapter Outline Studying Crimes Homicide Homicide and the Common Law Statutory Approaches to Homicide Manslaughter The Model Penal Code Approach to Homicide Life, Death, and Homicide Suicide Corpus Delicti Assault and Battery Aggravated Assault and Battery Mayhem Sex Crimes Rape Nonforcible Rape Sodomy Rape Shield Laws Incest Sex Offenses Against Children Megan’s Laws, Commitment, and Castration Kidnapping and False Imprisonment Kidnapping Parental Kidnapping False Imprisonment Stalking Cyberstalking Civil Rights and Hate Crimes Ethical Considerations: Can an Outspoken Racist Join the Bar? Chapter Objectives After completing this chapter you should be able to: • list, explain, and compare the elements of common law and contemporary crimes against the person, such as murder, rape, and assault. • list, explain, and compare the common defenses to charges of crimes against the person, such as self-defense. • identify and analyze contemporary legal issues concerning death and suicide. • identify the material facts and legal issues in 1/3 of the cases you read. CHAPTER 4 CRimEs AgAinsT THE PERson 11/12/13 6:50 PM 9781305686120, Criminal Law and Procedure, Seventh Edition, Hall - © Cengage Learning. All rights reserved. No distribution allowed without express authorization. F O S T E R , C E D R I C 1 6 9 2 T S Chapter 4: Crimes Against the Person 97 Studying CrimeS In the next three chapters you will learn about many crimes. It would be impossible to include a discussion of all crimes. The federal government and each city and state have their own unique laws. What follows is a discussion of the major crimes recognized, in some form, in most jurisdictions. The crimes have been categorized as crimes against the person, crimes against property, and crimes against the public. Although it is common to make these distinctions, do not concern yourself with understanding why these clas- sifications have been made; they are used only for organizational purposes. In a sense, all crimes are offenses against the public in the United States. That is why the public prose- cutes crimes, and private individuals may not. Also, any offense “against property” is actu- ally injuring a person, not the property. A stolen iPod set does not long to be returned to its rightful owner. However, the rightful owner does feel wronged and desires the return of the stolen item. In a sense, the classifications are often accurate in that they describe the focus of the criminal conduct. The focus of a thief ’s act is property; hence, a crime against property. The focus of a rapist’s attack is a human; hence, a crime against a person. All of the following crimes have been broken into parts. Each part of a crime is an element of that crime. At trial, every element of a crime must be proven beyond a reasonable doubt by the prosecution. If any element is not proven beyond a reasonable doubt, the accused must be found not.
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Ch 4 Elements and Parties
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Criminal Law and Procedure 7 th edition Chapter 4: Elements of Crimes and Parties to Crimes
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