Crime Scene Investigation Walk-Through

/in /by

When you arrive on the scene of a crime you must follow certain procedures to ensure the admissibility of evidence. For this assignment, you will use a case file of a real crime scene and take on the role of the crime scene investigator at the scene of the crime. You will create a presentation where you will document your process, present your findings, and provide an evaluation of the scene in a narrated PowerPoint or presentation tool of your choosing.

To help you prepare for this assignment, use the mock crime scene resource below to review the steps of evaluating a crime scene. This will help guide you as you walk us through your scene: https://www.mesaaz.gov/residents/police/divisions/forensic-services/mock-crime-scene/

Choose one of the following cases from your textbook resource:

  • “He Hit Her Until She Fell . . . and That Was Just the Beginning”, Brandl, pp. 363-373.
  •  “A Mutilation Murder”, Brandl, p. 670.

Then, create a presentation that is five to ten (5-10) minutes in length in which you:

  1. Identify the tools you used to evaluate the crime scene. Provide a rationale for your choices.
  2. Outline the steps you took to secure the crime scene.
  3. Describe the techniques and procedures you used to process the crime scene, including a list of the evidence you collected. Explain the reasons for your procedures.
  4. Describe the steps you took to preserve the evidence and provide an explanation for your process.
  5. Provide photos of the crime scene.
  6. Create a crime scene map that illustrates the crime scene upon arrival.
  7. Narrate your presentation to walk the audience through the crime scene.
  8. Use at least two (2) quality references documented on a reference page at the end of your presentation. You are encouraged to use the Strayer University Online library (https://research.strayer.edu) to locate academic resources. Note: Wikipedia and similar Websites do not qualify as academic resources.

Note: Need help getting started with creating and narrating your presentation?

For your presentation, you can choose the presentation tool that you use to complete the assignment such as PowerPoint. However, if you have not narrated a presentation before, see the resources below to help you.

  • Kaltura Media has a KalturaCapture Desktop Recorder available to record a presentation that is on your screen and add your audio. To see how to use this feature and upload it to the assignment submission area, review the KalturaCapture Desktop Recorder Help file.
  • PowerPoint has the ability to record narration and export it as a video. View the following links below to help with both of these steps.
    • Lynda.com video, “Record and narrate a presentation”
    • Lynda.com video, “Export as a video”

Your assignment must follow these formatting requirements:

  • This course requires the use of the new Strayer Writing Standards (SWS). Take a moment to review the SWS documentation for details. If you prefer to use APA style, discuss it with your professor.
  • Include a title page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The title page and the reference page are not included in the required page length.

10th Justice; Employee Arbitration Agreements

/in /by

 (NEED ASAP 100% PLAGIARISM FREE)!!!!

All organizations in the country employ people. Employment laws impact everyone, regardless if you are actively employed or not. As employers continue to control costs associated with claims from employees, employers have commonly turned to arbitration agreements. These agreements normally require employees to waive any right or protection afforded by joining a class action and instead forces each individual employee to take the claims before an individual arbitration. The Supreme Court of the United States (SCOTUS) decided this year in Epic Systems Corp. v. Lewis by a narrow margin of 5-4 that employers could enforce these arbitration agreements.

In your assignment this week please explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?

This link should provide you with details on the case: https://www.oyez.org/cases/2017/16-285

Click on the left hand side under “Opinions” for full details.

CRJ 105 Crime And Criminal Behavior

/in /by

Scenario

In June of 2016 you begin your first week as an intern at the Happy Town Police Department. As an intern, you develop a good rapport with Police Chief Rodney Hurt. On the second week of your internship you begin to ask questions (of the police officers you have been working with at the department) concerning the Uniform Crime Rate. You tell them you are taking a class at Strayer University and are interested in gaining a better understanding of statistics and the application of statistics to law enforcement. The following day you are greeted by Sergeant Gunn. She provides you with Part I crime data over the past five years that were submitted to the Federal Bureau of Investigation for the Uniform Crime Report. The Part I information provided to you by Sergeant Gunn is a compilation of crime data drawn from four areas: Happy Town, Frown Town, Smooth Town, and Cool Town. After a review of the crime trends, you are alarmed at the rate of crime reported in these four towns. You are now curious to dig a little deeper and make some comparisons across the data provided to you.

Your task is to write a report for the Chief of Police Rodney Hurt. He will use the report for his news conference in regard to the public’s concern for the increase in crime over the past five years. In the report, you will include the following: 1. A definition and description of the Uniform Crime Report. 2. A description of the data-gathering strategy for your report and a rationale for why you chose this technique 3. A discussion of the crime trends comparing Happy Town, Frown Town, Smooth Town, and Cool Town over the past five years. Your report should clearly describe all the details necessary for the Chief’s news conference. Your answers will be judged not only on the accuracy of the information you provide, but also on how thoroughly the information is covered, how effectively the report is organized, and how well your writing reflects the conventions of standard written English. While your personal values and experiences are important, please answer all the questions in this task solely on the basis of the information provided in the Document Library. (The Document Library is included in this assignment document.)

Formatting Requirements: Your assignment must follow these formatting requirements:

● Be four pages typed, double-spaced, using Times New Roman font (size 12), with oneinch margins on all sides. All the information you need is in the Document Library.

● Include a cover page containing the title of the assignment, your name, professor’s name, course title, and date. The cover page is not included in the required assignment page length.

Self-Assessment Checklist:

Use this to check your work before you submit your assignment:

 My paper defines and describes the Uniform Crime Report.

 My paper describes a data-gathering strategy and explains why I used this strategy.

 My paper discusses the crime trends comparing Happy Town, Frown Town, Smooth Town, and Cool Town over the past five years.

Attached are the data needed to complete the assignment.

Week 4

 

 

Uniform Crime Report (UCR)

Performance Task Assignment #1

Quick Links

SCENARIO

TASK

RUBRIC

DOCUMENT LIBRARY

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 2 of 14

Scenario In June of 2016 you begin your first week as an intern at the Happy Town Police Department. As an intern, you develop a good rapport with Police Chief Rodney Hurt.

On the second week of your internship you begin to ask questions (of the police officers you have been working with at the department) concerning the Uniform Crime Rate. You tell them you are taking a class at Strayer University and are interested in gaining a better understanding of statistics and the application of statistics to law enforcement.

The following day you are greeted by Sergeant Gunn. She provides you with Part I crime data over the past five years that were submitted to the Federal Bureau of Investigation for the Uniform Crime Report. The Part I information provided to you by Sergeant Gunn is a compilation of crime data drawn from four areas: Happy Town, Frown Town, Smooth Town, and Cool Town.

After a review of the crime trends, you are alarmed at the rate of crime reported in these four towns. You are now curious to dig a little deeper and make some comparisons across the data provided to you.

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 3 of 14

Task Your task is to write a report for the Chief of Police Rodney Hurt. He will use the report for his news conference in regard to the public’s concern for the increase in crime over the past five years. In the report, you will include the following:

1. A definition and description of the Uniform Crime Report.

2. A description of the data-gathering strategy for your report and a rationale for why you

chose this technique

3. A discussion of the crime trends comparing Happy Town, Frown Town, Smooth Town,

and Cool Town over the past five years.

Your report should clearly describe all the details necessary for the Chief’s news conference. Your answers will be judged not only on the accuracy of the information you provide, but also on how thoroughly the information is covered, how effectively the report is organized, and how well your writing reflects the conventions of standard written English. While your personal values and experiences are important, please answer all the questions in this task solely on the basis of the information provided in the Document Library. (The Document Library is included in this assignment document.)

Formatting Requirements:

Your assignment must follow these formatting requirements:

● Be four pages typed, double-spaced, using Times New Roman font (size 12), with one- inch margins on all sides. All the information you need is in the Document Library.

 

● Include a cover page containing the title of the assignment, your name, professor’s name, course title, and date. The cover page is not included in the required assignment page length.

Self-Assessment Checklist:

Use this to check your work before you submit your assignment:

 My paper defines and describes the Uniform Crime Report.  My paper describes a data-gathering strategy and explains why I used this strategy.  My paper discusses the crime trends comparing Happy Town, Frown Town, Smooth

Town, and Cool Town over the past five years.

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 4 of 14

Rubric Grading for this assignment will be based on the quality of your responses, logic/organization of the report, and language and writing skills, using the following rubric.

Points: 150 Assignment 1: UCR Performance Task

Criteria Unacceptable Below 70% F

Fair 70-79% C

Proficient 80-89% B

Exemplary 90-100% A

1. Define and describe the UCR report. Weight: 25%

Does not define and describe the UCR report.

Partially defines and describes the UCR report but could use more supporting details.

Satisfactorily defines and describes the UCR report.

Thoroughly defines and describes the UCR report.

2.Describe a data- gathering strategy and provide a rationale for why you chose that strategy. Weight: 25%

Does not select or incompletely describes a data-gathering strategy. Does not provide a rationale for why you chose that technique.

Partially describes a data-gathering strategy and provides a rationale for why you chose that technique. The description of the strategy and rationale need further development and supporting details.

Satisfactorily describes a data- gathering strategy and provides a rationale for why you chose that technique. Some additional supporting details would improve this section.

Thoroughly describes a data- gathering strategy and provides a well- supported rationale for why you chose that technique.

3. Discuss the crime trends comparing Happy Town, Frown Town, Smooth Town, and Cool Town over the past five years. Weight: 25%

Does not submit or incompletely discusses the crime trends comparing Happy Town, Frown Town, Smooth Town, and Cool Town over the past five years.

Partially discusses the crime trends comparing Happy Town, Frown Town, Smooth Town, and Cool Town over the past five years. Some of the trends were discussed, but this section would be improved by addressing more of the trends.

Satisfactorily discusses the crime trends comparing Happy Town, Frown Town, Smooth Town, and Cool Town over the past five years. Most of the trends were addressed with supporting details, but not all of them.

Thoroughly discusses the crime trends comparing Happy Town, Frown Town, Smooth Town, and Cool Town over the past five years. All the major trends were addressed and well-supported.

4. Clarity, writing mechanics, and formatting requirements. Weight: 25%

More than 6 errors present.

5-6 errors present. 3-4 errors present. 0-2 errors present.

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 5 of 14

Document Library

 

HAPPY TOWN POLICE DEPARTMENT CRIME STATISTICS

2010 – 2015

Year Population1

Murder and nonnegligent manslaughter

Forcible rape Robbery

Aggravated assault Burglary

Larceny- theft

Motor vehicle theft

2015 125,336 7 12 56 86 18 214 21

2014 132,426 7 12 53 83 19 205 22

2013 140,326 6 8 49 82 17 198 18

2012 161,331 5 4 50 80 18 201 20

2011 173,111 4 3 48 75 14 161 21

2010 168,010 0 2 36 72 10 162 17

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 6 of 14

 

 

FROWN TOWN POLICE DEPARTMENT CRIME STATISTICS

2010 – 2015

 

Year Population1

Murder and nonnegligent manslaughter

Forcible rape Robbery

Aggravated assault Burglary

Larceny- theft

Motor vehicle theft

2015 111,002 0 2 26 53 14 126 18

2014 110,830 0 2 34 65 15 143 22

2013 110,750 2 1 26 61 17 141 18

2012 110,350 2 2 23 57 18 142 20

2011 110,111 0 1 19 55 14 139 21

2010 108,350 0 2 8 53 10 140 17

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 7 of 14

 

 

SMOOTH TOWN POLICE DEPARTMENT CRIME STATISTICS

2010 – 2015

Year Population1

Murder and nonnegligent manslaughter

Forcible rape Robbery

Aggravated assault Burglary

Larceny- theft

Motor vehicle theft

2015 156,336 5 5 10 80 18 161 18

2014 148,426 4 4 8 75 19 167 17

2013 147,326 3 4 7 78 17 163 18

2012 145,331 5 3 9 77 18 162 20

2011 145,111 4 3 7 75 14 161 21

2010 120,010 0 5 8 78 10 162 17

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 8 of 14

 

COOL TOWN POLICE DEPARTMENT

CRIME STATISTICS 2010 – 2015

 

 

Year Population1

Murder and nonnegligent manslaughter

Forcible rape Robbery

Aggravated assault Burglary

Larceny- theft

Motor vehicle theft

2015 175,336 0 2 26 53 14 126 18

2014 165,486 0 2 34 65 15 143 22

2013 154,126 2 1 26 61 17 141 18

2012 143,231 2 2 23 57 18 142 20

2011 133,119 0 1 19 55 14 139 21

2010 128,010 0 2 8 53 10 140 17

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 9 of 14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Happy Town Tribune Monday, March 12, 2016 Blackboard support 1-877-642-2999

Major crimes in Happy Town go up in 2015

By Tamara Fearless, Special to the Happy Town Tribune March 5, 2016

 

Happy Town, GA. — Happy Town had a five percent increase in major crimes reported in 2015, due to an increase in thefts, according to recently released statistics. In crimes categorized as Part 1 offenses – such as murder, criminal sexual assault, aggravated assault and battery, burglary, theft and arson – theft and arson were the only categories that increased. There were 214 thefts reported in 2015, compared with 167 the year before. One arson was reported in 2014. “Crime goes in cycles”, Police Chief Rodney Hurt stated at yesterday’s news conference.

 

Uniform Crime Reporting By Tamara Fearless, Special to the Happy Town Tribune

March 5, 2016

 

The Uniform Crime Reporting (UCR) Program has been the

starting place for law enforcement executives, students of

criminal justice, researchers, members of the media, and

the public at large seeking information on crime in the

nation. The program was conceived in 1929 by the

International Association of Chiefs of Police to meet the

need for reliable uniform crime statistics for the nation. In

1930, the FBI was tasked with collecting, publishing, and

archiving those statistics.

Today, four annual publications, Crime in the United States,

National Incident-Based Reporting System, Law

Enforcement Officers Killed and Assaulted, and Hate Crime

Statistics are produced from data received from over

18,000 city, university/college, county, state, tribal, and

federal law enforcement agencies voluntarily participating

in the program. The crime data are submitted either

through a state UCR Program or directly to the FBI’s UCR

Program.

In addition to these reports, information is available on the

Law Enforcement Officers Killed and Assaulted (LEOKA)

Program and the Hate Crime Statistics Program, as well as

the traditional Summary Reporting System (SRS) and the

National Incident-Based Reporting System (NIBRS).

https://ucr.fbi.gov/

 

 

Shoplifting a Problem at the Socks for Feet

By Tamara Fearless, Special to the Happy Town Tribune March 5, 2016

Happy Town, GA. — Three people were arrested Friday after police say a shoplifting incident led officers to drugs and a stolen gun. Happy Town Police say two men stole three dozen pairs of socks from Socks for Feet and were stopped in the parking lot. A third suspect was found in a vehicle outside the store.

According to a release, investigators found a substantial amount of crack cocaine and marijuana in the suspects’ possession.

Officials later searched a vehicle and hotel room connected with the suspects and found a stolen handgun and more marijuana, according to a release. They also found an unregistered handgun during the search.

The suspects were arrested on charges of theft of property, possession with intent to deliver cocaine, possession with intent to deliver marijuana, felon in possession of a firearm and felony firearms. They will be identified pending formal arraignment.

 

Police Chiefs Son Arrested Again

Happy Town, GA. — The son of Happy Town’s Police Chief has found himself on the wrong side of the law again after being charged with multiple charges on Tuesday. Online arrest records show 24-year-old Bubba Hurt, the son of Chief Rodney Hurt, was arrested at the Socks for Feet. It is his second arrest in less than a year. Last July, Hurt turned himself into authorities after he was accused of leaving a bar without paying his tab. Police said the charges stemmed from a dispute over a bill at the Ugly Monkey Party bar on West Prison Street.

 

 

http://articles.chicagotribune.com/2013-03-05/news/ct-tl-river-forest-crime-stats-20130305_1_major-crimes-thefts-fewer-burglaries
http://articles.chicagotribune.com/2013-03-05/news/ct-tl-river-forest-crime-stats-20130305_1_major-crimes-thefts-fewer-burglaries
https://ucr.fbi.gov/crime-in-the-u.s/2015/crime-in-the-u.s.-2015
https://ucr.fbi.gov/nibrs/2014
https://ucr.fbi.gov/leoka/2015
https://ucr.fbi.gov/leoka/2015
https://ucr.fbi.gov/hate-crime/2015
https://ucr.fbi.gov/hate-crime/2015
https://ucr.fbi.gov/

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 10 of 14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Frown Town Times

Monday, March 12, 2016 Blackboard support 1-877-642-2999

Police: Crime down 17 percent in Frown Town

By Mangum Force, Special to the Times

March 4, 2016

 

Frown Town, GA. — Frown Town police are reporting a 17 percent drop in the village’s annual crime rate – a change authorities attribute to criminal investigations, arrests and community involvement. “We really rely on the business community and the citizens to help us fight crime,” said Frown Town’s Police Chief Kirby Berretta, who has led the department since 2004. “The more eyes and ears you have out there, the safer the community will be.” Chief Berretta’s statement came while addressing students at Strayer University. Chief Berretta stated “it gives our town something to smile about.”

 

Sources of Crime Statistics By Mangum Force, Special to the Times

March 4, 2016

How much crime is there? An examination of the UCR and its relationship to sources of data on crime and criminals is useful. An examination of the Uniform Crime Report and its relationship to other sources such as the National Incident- Based Reporting System (NIBRS) are extremely useful for understanding crime and criminals. It is unclear whether an accurate estimate of the amount of crime committed is possible, for several reasons. For one, not all crimes that are committed are discovered. In addition, some crimes may be known only to the perpetrators, in which case the victim is unaware of loss. Perhaps there is no identifiable victim, as in the case of a gambling violation. The further a source of statistics is from the “crimes committed” category, the less useful it is as a measure of the extent of crime. Not all crimes that are discovered are reported to the police; similarly, not all reported crimes are recorded by police. https://strayer.vitalsource.com/#/books/9781483306919/cfi /6!/4/2/20/4@0:65.1

Additional Sources of Crime Statistics

By Mangum Force, Special to the Times March 4, 2016

 

In addition, some law enforcement agencies may purposely conceal recorded crimes; some offenses may be unfounded crimes or defined by investigating officers as not constituting a criminal matter. For instance, when a complainant reports an attempted burglary, investigating officers may conclude that there is not enough evidence to support that a crime took place.

Despite this problematic relationship between crimes recorded and crimes committed, the UCR until recently represented the best statistics available on crime commission and, as will be discussed later in this chapter, still represents one of the best sources. Once we move beyond crimes recorded as a measure of crime commission, we are getting further removed from the accurate measurement of crime. Thus, arrest statistics, indictments, convictions, incarcerations, and other dispositions such as probation and parole are not as useful. Such statistics have much more to do with police efficiency or allocations to the criminal justice system and general societal policies toward crime control policy than they do with measuring the extent of the crime problem. https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/20/ 4@0:65.1

 

The Crime Indexes: Violent and Property Crime

By Mangum Force, Special to the Times March 4, 2016

 

Historically, the UCR has been divided into two parts. Part I crimes consist of the index crimes, major felonies that are believed to be serious, to occur frequently, and to have a greater likelihood of being reported to the police. The index offenses are as follows: 1. Murder and non-negligent manslaughter 2. Forcible rape 3. Robbery 4. Aggravated assault 5. Burglary 6. Larceny-theft 7. Motor vehicle theft 8. Arson

https://strayer.vitalsource.com/#/books/9781483306919/ cfi/6!/4/2/20/4@0:65.1

 

 

http://articles.chicagotribune.com/2014-02-04/news/ct-crime-2013-arlington-heights-tl-nw-20140204_1_property-crime-uniform-crime-reporting-crime-statistics
http://articles.chicagotribune.com/2014-02-04/news/ct-crime-2013-arlington-heights-tl-nw-20140204_1_property-crime-uniform-crime-reporting-crime-statistics
https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/20/4@0:65.1
https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/20/4@0:65.1
https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/20/4@0:65.1
https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/20/4@0:65.1
https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/20/4@0:65.1
https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/20/4@0:65.1

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 11 of 14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Smooth Town Daily Monday, March 12, 2016 Blackboard support 1-877-642-2999

Major Crimes Down in Smooth Town By Tamara Justice, Smooth Town Daily reporter

February 6, 2016

 

Smooth Town, GA. — Major crime in Smooth Town is

at its lowest in at least five years, according to

preliminary statistics from the Smooth Town Police

Department. The drop stems from a decline in

property-related crimes to 260 last year, well below

the five-year average of 225, data shows. There were

120 crimes against people in 2012, just slightly above

the five-year norm. “Compared to other communities

our size, we have a very low crime rate and we’re very

proud of that and we want to continue that,” said

Police Chief Wesson. Police Chief Wesson further

stated “hopefully it will be smooth sailing for the rest

of the year.”

 

What are Part I and Part II Index Crimes

By Tamara Justice, Smooth Town Daily reporter

February 6, 2016

The violent crime index consists of:

1. Murder and non-negligent manslaughter 2. Forcible rape 3. Robbery 4. Aggravated assault

The property crime index consists of:

1. Burglary 2. Larceny-theft 3. Motor vehicle theft 4. Arson

Part II crimes are non-index offenses and are not used in the calculation of the crime rate. These include the following:

• Simple assault • Forgery and counterfeiting • Fraud • Embezzlement • Receiving stolen property • Vandalism • Illegal carrying of weapons • Prostitution and related offenses • Sex offenses (e.g., statutory rape) • Drug law violations • Liquor law violations • Public drunkenness • Disorderly conduct • Vagrancy • Curfew violations/loitering • Runaways • All other violations of state and local laws (except traffic violations)

https://strayer.vitalsource.com/#/books/978148330 6919/cfi/6!/4/2/20/4@0:65.1

 

Smooth Town a Safe Town By Tamara Justice, Smooth Town Daily reporter

February 6, 2016

 

Smooth Town, GA. — This midsize township of

156,000 in Hipster County takes one of the top spots.

In addition to a low rate of violent crime, the

community had the lowest rate of property crime.

Overall, the crime rate was a whopping 97% lower

than its Georgia peers. Smooth Town is a four-minute

drive from Fort Cool Breeze and a 10-minute drive to

Lollipop Amusement Park. The median household

income here was 15 percent higher than the median

for the state.

 

 

http://articles.chicagotribune.com/2013-02-06/news/ct-tl-naperville-crime-stats-2012-20130206-14_1_major-crimes-violent-crimes-crime-statistics
http://articles.chicagotribune.com/2013-02-06/news/ct-tl-naperville-crime-stats-2012-20130206-14_1_major-crimes-violent-crimes-crime-statistics
https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/20/4@0:65.1
https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/20/4@0:65.1

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 12 of 14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COol Town News TownnewswsDai

ly

Monday March 12, 2016 Blackboard support 1-877-642-2999

Cool Town crime rate

lowest in years, police say By Shirley Morris, Cool Town News reporter

February 19, 2016

 

Cool Town, GA. — Cool Town authorities are crediting the work of police officers and a partnership with the community for helping them reach a 2015 crime rate that is the lowest in five years. The city’s overall crime rate fell by four percent in 2015, according to police department statistics, which marks an 18 percent drop in the past two years. Violent crime offenses in 2015, which include crimes against people, fell by a little more than four percent, while property crime remained the same. Police Chief Luger stated “it was also due to everyone staying cool.”

 

 

Cool Town, Is It Really “Cool”?

By Shirley Morris, Cool Town News reporter

February 19, 2016

 

Cool Town, GA. — This Hipster County community is the fourth suburb to make the top five in the state. Cool Town tied Old Dog Town for the lowest rate of violent crime, and it had the sixth lowest rate of property crime in this study. Cool Town is very affluent with 2.7 times the state’s median household income. It also had a highly educated population of 68 percent with a bachelor’s degree.

 

What is The Crime Rate? By Shirley Morris, Cool Town News reporter

February 19, 2016

The crime rate is a calculation that expresses the total number of index crimes per 100,000 population:

Index Crimes/Population × 100,000 = Crime Rate

As previously indicated, in 2004 the FBI decided to drop the additional calculation of the crime index rate. The purpose of an index (like the Dow Jones Industrial Average or the Consumer Price Index) is to provide a composite measure, one that does not rely too heavily on any one factor. An index also allows controlling for population size, thus permitting fair comparisons of different-sized units. As noted earlier, it is this UCR crime rate that one reads about in the newspaper, with accounts of crime either rising or falling by a given percentage. A principal difficulty with the UCR crime rate as an index of crime in the United States is that it is an unweighted index. That is, each crime, whether murder or bicycle theft, is added into the total index with no weight given to the relative seriousness of the offense. Thus, no monetary or psychological value is assigned. For instance, a city with 100 burglaries per 100,000 population and one with 100 homicides per 100,000 population would have the same crime rate.

https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/ 20/4@0:65.1

 

 

http://articles.chicagotribune.com/2013-02-19/news/ct-tl-park-ridge-crime-statistics-2012-20130220_1_crime-rate-crime-statistics-park-ridge
http://articles.chicagotribune.com/2013-02-19/news/ct-tl-park-ridge-crime-statistics-2012-20130220_1_crime-rate-crime-statistics-park-ridge
https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/20/4@0:65.1
https://strayer.vitalsource.com/#/books/9781483306919/cfi/6!/4/2/20/4@0:65.1

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 13 of 14

DATA GATHERING STRATEGIES The qualitative methods most commonly used in evaluation can be classified in three broad

categories:

 

• In-depth Interview

• Observation Methods

• Document Review

 

CRIMINOLOGY AND CRIMINAL JUSTICE RESEARCH: METHODS

Those interested in the study of criminology and criminal justice have at their disposal a wide

range of research methods. The particular research method to use is entirely contingent upon

the question being studied. Research questions typically fall into four categories of: (1)

descriptive, (2) exploratory, (3) explanatory, and (4) evaluative (Schutt). Descriptive research

attempts to define and describe the social phenomena under investigation. Exploratory

research seeks to identify the underlying meaning behind actions and individual behavior.

Explanatory research seeks to identify the cause(s) and effect(s) of social phenomena.

Evaluation research seeks to determine the effects of an intervention on individual behavior.

These four areas of research are not mutually exclusive; rather, they are designed to be used

interactively in order to gain a deeper understanding of the question under investigation.

http://www.encyclopedia.com/law/legal-and-political-magazines/criminology-and-criminal-justice-research-methods

 

HIERARCHY RULE

There is a significance to the order in which the Part I offenses are presented, with criminal homicide being the highest in the hierarchy and arson being the lowest. The Part I offenses are as follows:

1. Criminal Homicide a. Murder and Nonnegligent Manslaughter b. Manslaughter by Negligence

2. Forcible Rape

a. Rape by Force b. Attempts to Commit Forcible Rape

 

 

http://www.encyclopedia.com/law/legal-and-political-magazines/criminology-and-criminal-justice-research-methods

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 14 of 14

3. Robbery a. Firearm b. Knife or Cutting Instrument c. Other Dangerous Weapon d. Strong-arm—Hands, Fists, Feet, etc.

4. Aggravated Assault

a. Firearm b. Knife or Cutting Instrument c. Other Dangerous Weapon d. Hands, Fists, Feet, etc.—Aggravated Injury

5. Burglary

a. Forcible Entry b. Unlawful Entry—No Force c. Attempted Forcible Entry

6. Larceny-theft (except motor vehicle theft) 7. Motor Vehicle Theft

a. Autos b. Trucks and Buses c. Other Vehicles

8. Arson

The experience of law enforcement agencies in handling UCR data shows that, for the most part, offenses of law occur singly as opposed to many being committed simultaneously. In these single-offense situations, law enforcement agencies must decide whether the crime is a Part I offense. If so, the agency must score the crime accordingly. However, if several offenses are committed at the same time and place by a person or a group of persons, a different approach must be used in classifying and scoring. The law enforcement matter in which many crimes are committed simultaneously is called a multiple-offense situation by the UCR Program. As a general rule, a multiple-offense situation requires classifying each of the offenses occurring and determining which of them are Part I crimes. The Hierarchy Rule requires that when more than one Part I offense is classified, the law enforcement agency must locate the offense that is highest on the hierarchy list and score that offense involved and not the other offense(s) in the multiple-offense situation.

The Hierarchy Rule applies only to crime reporting and does not affect the number of charges for which the defendant may be prosecuted in the courts. The offenses of justifiable homicide, motor vehicle theft, and arson are exceptions to the Hierarchy Rule.

Assault Performance Task

/in /by

Week 8

 

 

Assault

Performance Task Assignment #3

 

 

 

Quick Links

Scenario

Task

Rubric

Document Library

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 2 of 24

Scenario Case Number: 1111111 Date: 13 August 2016 Reporting Officer: Colt Winchester Incident Type: Crime Against the Person Address of Occurrence: 111 Felony Drive, Happy Town, GA 15486 Witnesses: Alan Skittles: Store owner. Male, 43, Latino Michael Smith: Employee. Male, 21, African American Andrea Sianturi: Customer. Female, 27, Asian American Weapon/Objects Used: Umbrella / Shoe On August 16, 2016, at approximately 20:43, officers responded to 111 Felony Drive in regards to a white male bleeding from his face. The victim, Samuel Clark, was friends with a female, Summer Breeze, that lived at 111 Misdemeanor Lane. Mr. Clark was walking to Ms. Breeze’s residence approximately one block east of Mr. Clark’s residence. As Samuel Clark turned the corner, he observed two white men approaching him. A witness, Alan Skittles, identified the two men as Bubba Hurt and Skeeter Redrum. Both Bubba Hurt and Skeeter Redrum began yelling at Samuel Clark for him to leave Summer Breeze alone and that it was the “last time he put his hands on her.” It began to rain so Samuel Clark opened his umbrella and continued to walk north on Felony Drive. Bubba Hurt shoved Samuel Clark from behind causing Samuel Clark to fall to the sidewalk. When Samuel Clark began to pick himself up from the sidewalk Skeeter Redrum kicked Samuel Clark in the face causing Samuel Clark to fall onto the street. While Samuel Clark was lying on his back in the street Bubba Hurt began to kick Samuel Clark. In response, Samuel Clark grabbed his umbrella and swung, hitting Bubba Hurt in his eye. As Samuel Clark stood up Summer Breeze hit Samuel Clark in the side of his head with her shoe rendering Samuel Clark unconscious. A witness to the incident contacted 911 to respond. Samuel Clark and Bubba Hurt were taken into custody and transported to the hospital. Summer Breeze and Skeeter Redrum were taken into custody and transported to the Police Headquarters. Bubba Hurt died at the hospital and Samuel Clark suffered a permanent brain injury.

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 3 of 24

Task Your task as the District Attorney is to determine what charges, if any, for all four individuals involved in this incident. You should support your answer with an understanding of the definitions of simple assault, aggravated assault, aggravated battery, and robbery. In addition, was self-defense applicable to the scenario provided? Use the self-defense portion (based on Georgia jurisprudence) of the Document Library to formulate your answer.

 

Formatting Requirements:

Your assignment must follow these formatting requirements:

● Be four pages typed, double spaced, using Times New Roman font (size 12), with one- inch margins on all sides. All the information you need is in the Document Library.

● Include a cover page containing the title of the assignment, your name, professor’s name, the course title, and the date. The cover page is not included in the required assignment page length.

 

Self-Assessment Checklist:

Use this to check your work before you submit your assignment:

 My paper determines what charges to make, if any, for all four individuals in the provided scenario.

 My paper discusses the definitions of simple assault, aggravated assault, aggravated battery, and robbery.

 My paper discusses the State of Georgia’s use of self-defense.

 

 

 

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 4 of 24

Rubric Grading for this assignment will be based on the quality of your responses, logic/organization of the paper, and language and writing skills, using the following rubric.

Points: 300 Assignment 3: Assault Performance Task

Criteria Unacceptable Below 70% F

Fair 70-79% C

Proficient 80-89% B

Exemplary 90-100% A

1. Determine what charges, if any, for all four individuals involved in this incident. Weight: 25%

Does not determine what charges, if any, for all four individuals involved in this incident.

Partially determines what charges, if any, for all four individuals involved in this incident.

Satisfactorily determines what charges, if any, for all four individuals involved in this incident.

Thoroughly determines what charges, if any, for all four individuals involved in this incident.

2. Examine the crime scenario and define the charges as they relate to simple assault, aggravated assault, aggravated battery, and robbery. Weight: 25%

Does not examine the crime scenario or define the charges as they relate to simple assault, aggravated assault, aggravated battery, and robbery.

Partially examines the crime scenario and starts to define the charges as they relate to simple assault, aggravated assault, aggravated battery, and robbery.

Satisfactorily examines the crime scenario and defines the charges as they relate to simple assault, aggravated assault, aggravated battery, and robbery.

Thoroughly examines the crime scenario and strongly defines the charges as they relate to simple assault, aggravated assault, aggravated battery, and robbery.

3. Describe the charges in relation to your understanding of self- defense in the State of Georgia. Weight: 25%

Does not describe the charges in relation to your understanding of self-defense in the State of Georgia.

Partially describes the charges in relation to your understanding of self-defense in the State of Georgia. Expanding the description of the charges and the use of self-defense in Georgia would improve this section.

Satisfactorily describes the charges in relation to your understanding of self- defense in the State of Georgia. The relationship between the charges and your understanding of self- defense is evident, but could use additional supporting details.

Thoroughly describes the charges in relation to your understanding of self- defense in the State of Georgia. The relationship between the charges and your understanding of self- defense is solid and well-supported.

4. Clarity, writing mechanics, and formatting requirements. Weight: 25%

More than 6 errors present.

5-6 errors present. 3-4 errors present. 0-2 errors present.

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 5 of 24

Document Library

CLERKS OFFICE: HAPPY TOWN POLICE DEPARTMENT

INCIDENT INFORMATION FORM

 

Date:

13 August 2016

Case Number:

1111111

Reporting Officer:

Colt Winchester

 

ARRESTED DOB HEIGHT WEIGHT RACE GENDER PRIORS

BUBBA HURT 01/05/1990 6’05 290 lbs W M Y

SKEETER REDRUM

05/14/1992 6’0 185 lbs W M Y

SUMMER BREEZE

07/05/1996 5’07 145 lbs W F Y

SAMUEL CLARK

11/12/1975 5’09 175 lbs W M Y

 

 

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 6 of 24

 

CLERKS OFFICE: HAPPY TOWN POLICE DEPARTMENT

INCIDENT INFORMATION FORM

WITNESS(S)

 

Date:

13 August 2016

Case Number:

1111111

Reporting Officer:

Colt Winchester

 

NAME ADDRESS PHONE # OCCUPATION AGE RACE GENDER

Alan Skittles

114 FELONY DRIVE, HAPPY TOWN, GA.

444-555-777 STORE OWNER EAT & RUN CAFE 43 H M

Michael Smith

 

111 MISDEMEANOR DR, HAPPY TOWN, GA.

444-111-3333 EMPLOYEE EAT & RUN CAFE 21 B M

Andrea Sianturi

136 FELONY CIRCLE HAPPY TOWN, GA.

444-999-4444 RETAIL SALES SOCKS FOR FEET 27 A F

 

 

 

 

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 7 of 24

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 8 of 24

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 9 of 24

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 10 of 24

MEMORANDUM

To: Patrol Division From: Chief of Police Rodney Hurt Date: July 10, 2016 Subject: PROACTIVE EXPECTATIONS

 

Earlier this month a memorandum titled Proactive Expectations for Zone III was issued to all Patrol Division personnel. The purpose of the memorandum was to establish increase patrols in Zone III of Happy Town. As a result, incidents has increased in Zone IV significantly and specifically the 100 block of Felony Drive.

As a result of a news story, citizen complaints and information from Vice and Narcotics there has been a significant increase in prostitution and drug activity in this area. Beginning July 15, 2016 there will be designated patrol officers working with Vice and Narcotics to increase visibility and take a proactive approach in resolving this issue.

We will be closely monitoring the progress for the upcoming months to ensure the citizens of our city that they are safe. Remember, when it comes to enforcement efforts, our emphasis should be the quality of your service.

Rodney Hurt

Chief of Police Happy Town

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 11 of 24

Georgia Assault and Battery Laws

Code Sections

Simple Assault: O.C.G.A. §16-5-20

Aggravated Assault: O.C.G.A §16-5-21

Simple Battery: O.C.G.A §16-5-23

Aggravated Battery: O.C.G.A §16-5-24

What is Prohibited

Simple Assault: Attempting to commit a violent injury on someone else or putting them in a situation where it’s reasonable they can be injured in such a manner. No actual physical touching is necessary to violate the law. Words can be enough. For example, threatening to break someone’s neck, if done in a menacing manner, can be considered simple assault.

Aggravated Assault: Assaulting someone: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) Shooting a firearm from within a motor vehicle toward a person or persons.

Simple Battery: (1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causing physical harm to another person.

Aggravated Battery: Intentionally and maliciously inflicting a serious injury to the victim, such as loss of a limb, loss of use of a limb, or serious disfigurement.

What is “Serious Disfigurement?”

Any kind of physical alteration to another person’s body, such as a visible scar on someone’s face or other body part; or a broken bone that alters one’s physical appearance

Penalty Simple Assault: Misdemeanor: Up to 1 year in jail, fines reaching $1,000, probation, and restitution. Can be elevated to a “high” and “aggravated” misdemeanor with enhanced penalties (up to 1 year

 

http://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-20.html
http://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-21.html
http://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-23.html
http://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-24.html

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 12 of 24

in jail and $5,000 fines) if the assault committed involved a firearm, public transportation, a pregnant woman, a public school employee, a senior citizen, or if it was a domestic assault (committed against a family member).

Aggravated Assault: Felony: One to twenty years in prison, fines, restitution.

Simple Battery: Misdemeanor: Up to 1 year in jail, fines up to $1,000, probation, and restitution. Can be elevated to a misdemeanor of high and aggravated nature if it’s determined the victim was pregnant, over 65, a police officer, a caregiver, school employee, or if the crime is domestic. This misdemeanor is also punishable by up to one year but carries potential fines up to $5,000.

Aggravated Battery: Felony: one to twenty years in prison minimum, fines, restitution.

Who Prosecutes this Crime?

Georgia District Attorney’s Offices

Hate Crimes

O.C.G.A. §17-10-17. If someone commits an assault or battery or any crime against a victim because of bias or prejudice, such as racial or gender bias, the court must impose a more severe penalty than would be normally imposed for the crime (according to court or local policy), but no greater than the maximum sentence permitted under the statute. The offender must serve at least 90% of the sentence before being released (offenders serving sentences in jail or prison generally serve less than the sentence imposed because of “good time” credit or early release programs for good behavior).

http://statelaws.findlaw.com/georgia-law/georgia-assault-and-battery-laws.html

 

 

 

 

 

 

http://criminal.findlaw.com/criminal-legal-help/georgia-district-attorneys.html
http://statelaws.findlaw.com/georgia-law/georgia-assault-and-battery-laws.html

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 13 of 24

 

GEORGIA CRIMINAL CODE

Title 16

2010 GEORGIA CODE TITLE 16 – CRIMES AND OFFENSES CHAPTER 5 – CRIMES AGAINST THE PERSON ARTICLE 2 – ASSAULT AND BATTERY § 16-5-20 – Simple assault

O.C.G.A. 16-5-20 (2010)

16-5-20. Simple assault

(a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. (b) Except as provided in subsections (c) through (h) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. (c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, “public transit vehicle” means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. (d) If the offense of simple assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis. (e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 14 of 24

(f) Any person who commits the offense of simple assault against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, “school property” shall include public school buses and stops for public school buses as designated by local school boards of education. (g) Any person who commits the offense of simple assault against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. (h) Nothing in this Code section shall be construed to permit the prosecution of: (1) Any person for conduct relating to an abortion for which the consent of the pregnant woman, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) Any person for any medical treatment of the pregnant woman or her unborn child; or (3) Any woman with respect to her unborn child. For the purposes of this subsection, the term “unborn child” means a member of the species homo sapiens at any stage of development who is carried in the womb.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 15 of 24

 

TITLE 16 – CRIMES AND OFFENSES CHAPTER 5 – CRIMES AGAINST THE PERSON ARTICLE 2 – ASSAULT AND BATTERY § 16-5-21 – Aggravated assault

O.C.G.A. 16-5-21 (2010)

16-5-21. Aggravated assault

(a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. (b) Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (e) (1) As used in this subsection, the term “correctional officer” shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term “correctional officer” shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 16 of 24

her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, “public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20. (g) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term “vehicle” includes without limitation any railcar. (h) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (i) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (j) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. (k) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (l) A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. As used in this subsection, the term “officer of the court” means a judge, attorney, clerk of court, deputy clerk of court, court reporter, court interpreter or probation officer.

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 17 of 24

2010 Georgia Code

TITLE 16 – CRIMES AND OFFENSES

CHAPTER 5 – CRIMES AGAINST THE PERSON

ARTICLE 2 – ASSAULT AND BATTERY

§ 16-5-24 – Aggravated battery

O.C.G.A. 16-5-24 (2010)

16-5-24. Aggravated battery

(a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. (b) Except as provided in subsections (c) through (h) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated battery upon a peace officer while the officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. (d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (e)(1) As used in this subsection, the term “correctional officer” shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term “correctional officer” shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. (f) Any person who commits the offense of aggravated battery in a public transit vehicle or

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 18 of 24

station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, “public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20. (g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (h) If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.

 

2010 Georgia Code TITLE 16 – CRIMES AND OFFENSES CHAPTER 5 – CRIMES AGAINST THE PERSON ARTICLE 2 – ASSAULT AND BATTERY § 16-5-25 – Opprobrious or abusive language as justification for simple assault or simple battery

O.C.G.A. 16-5-25 (2010)

16-5-25. Opprobrious or abusive language as justification for simple

assault or simple battery

A person charged with the offense of simple assault or simple battery may introduce in evidence any opprobrious or abusive language used by the person against whom force was threatened or used; and the trier of facts may, in its discretion, find that the words used were justification for simple assault or simple battery.

Georgia Aggravated Assault & Battery Laws

 

 

 

 

http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/georgia-aggravated-assault-laws

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 19 of 24

GEORGIA CRIMINAL CODE

TITLE 16

SELF DEFENSE

 

2010 Georgia Code TITLE 16 – CRIMES AND OFFENSES CHAPTER 3 – DEFENSES TO CRIMINAL PROSECUTIONS ARTICLE 2 – JUSTIFICATION AND EXCUSE O.C.G.A. 16-3-21 (2010)

16-3-21. Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution (a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony. (b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he: (1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant; (2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or (3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force. (c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 20 of 24

(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant’s reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer: (1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19- 15-1, respectively; and (2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert’s opinion.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 21 of 24

LEGAL PRESUMPTIONS

What is Aggravated Assault?

The act of inflicting bodily harm on someone, or causing them to fear bodily harm is considered a crime in the U.S., regardless of whether actual physical harm occurs. For example, John is walking down the street carrying a bag of groceries. Bob, who is walking toward John, makes a fist and tells John to move over or he will hit him. John is stunned, and so does not move over immediately. Bob swings his fist at John’s face but misses, and John sprints away in fear. Bob may be charged with simple assault as he caused John to reasonably fear that he would suffer bodily harm if he remained.

Simple Assault vs. Aggravated Assault

Most states classify assaults as simple or aggravated according to the circumstances surrounding the offense. Simple assault is most commonly recognized as an attempt or threat to injure another person without actually striking them or causing bodily harm. Aggravated assault occurs when the crime is taken a step further, such as when a weapon is used, or the harm or threat takes place in certain circumstances. For instance, threatening a person with a fist is often considered simple assault, but if a perpetrator threatens another person with a baseball bat, it would be considered aggravated assault.

Example of Aggravated Assault

If Bob, from the example above, moves his jacket aside to show to John that he is carrying a gun in his belt, he would likely be charged with aggravated assault, rather than simple assault. This would be true, even though he did not make a physical attempt to hit or shoot John, because he made a threat with a weapon, causing John to reasonably believe he would be harmed.

Deadly Weapons

A deadly weapon is any item that can be used to cause serious or fatal injury to a person or animal. Deadly weapons include such weapons as guns and knives, but other instruments can be considered deadly if they are used to threaten or attack someone. Such weapons of opportunity may include boards, baseball bats, rocks, bricks, ice picks, letter openers, tools, or any object that could cause serious harm or death.

In some jurisdictions, people with HIV (the human immunodeficiency virus) who have had unprotected sex with a person not aware of the disease have been charged with using a “deadly weapon.” The reasoning is that a person who knows he carries HIV exposes another to the deadly virus basically assaults the other person with a weapon capable of causing death.

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 22 of 24

Degrees of Aggravated Assault

Many states break down the crime of assault even further than the basic and aggravated assault charges in some jurisdictions. By using first- through fourth-degree classifications, the judicial system is able to take into account the exact nature of the offense.

▪ First-Degree Aggravated Assault – refers to a deliberate act in which the perpetrator used premeditated malice. The perpetrator must have had the intent to cause, or to attempt to cause, serious bodily injury (also “great bodily harm”).

▪ Second-Degree Aggravated Assault – refers to a deliberate act in which there was no premeditation. This takes into account the mental state of the perpetrator at the time of the assault.

▪ Third-Degree Assault – refers to an act in which the perpetrator attempts to cause less serious bodily harm, making this a common charge when two individuals are involved in a fight.

▪ Fourth-Degree Assault – refers to minor threats of harm, or causing the victim to fear being harmed.

Great Bodily Harm

The term “great bodily harm” is used interchangeably with “serious bodily injury,” “grievous bodily harm,” and “great bodily injury.” These terms refer to injuries that cause extreme physical pain, unconsciousness, serious or permanent injury or disfigurement, or long-term loss of function of any organ or body part. Great bodily harm also refers to the infliction of any injury that creates a substantial risk of death.

 

 

 

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 23 of 24

STATUTORY LAW

In Georgia, assault and battery crimes consist of simple assault, aggravated assault, simple battery, battery, and aggravated battery. This article concerns simple assault and battery laws. For information on aggravated assault and aggravated battery, see Georgia Aggravated Assault & Battery Laws.

Simple Assault

Simple assault is a misdemeanor in Georgia. The crime is an attempt to cause physical injury to another person – for instance, attempting to strike someone with a hand or object, and missing. Simple assault also is any intentional act or threat of action that reasonably causes a person to feel afraid of impending violence. Threatening to beat up someone or to knock him out, when said in a menacing or angry manner, is assault if it appears that the assailant has the ability to carry out the threat and the victim believes or could reasonably believe that he is about to be struck or injured.

(Ga. Code Ann. § 16-5-20).

The Georgia legislature also has criminalized, as a simple assault, any attempt to injure an unborn child, except for the purpose of abortion or medical treatment for the mother or fetus.

(Ga. Code Ann. § 16-5-28).

Simple Battery and Battery

Simple battery, a misdemeanor, is actual offensive physical contact, such as punching another person or hitting someone with an object. Hitting another person with a fist during an argument or shoving someone are straightforward examples of simple battery. The physical act must be intentional, rather than an accident or a joke among friends, but no specific intent to injure is required. A more unusual example of simple battery is grabbing and ripping someone’s clothing in anger. This is considered a touching because the clothing is an extension of the person.

(Ga. Code Ann. § 16-5-23).

Battery in Georgia involves intentionally causing “substantial physical harm” or “visible bodily harm” and also is a misdemeanor. Visible harm is defined as physical harm visible to others, such as blackened eyes, a swollen lip, or significant bruises.

(Ga. Code Ann. § 16-5-23.1).

Simple Assault, Simple Battery and Battery as Aggravated Misdemeanor

Simple assault, simple battery and battery are generally misdemeanor crimes under Georgia law. In certain cases these crimes can be charged as aggravated misdemeanors, which carry more severe penalties. Assault or battery on certain victims including but not limited to, a family member or intimate partner, a person 65 years of age or older, or a public school

 

http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/georgia-aggravated-assault-laws
http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/georgia-aggravated-assault-laws

 

CRJ 105 – Crime and Criminal Behavior

© 2017 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University. Page 24 of 24

employee engaged in his duties are aggravated misdemeanors. Assault or battery in a public transit station or vehicle or on public school property, including school buses and school bus stops, are aggravated misdemeanors, as well as battery against a law enforcement officer and battery or simple assault against a pregnant woman.

(Ga. Code Ann. §§ 16-5-20, 16-5-23, 16-5-23.1).

For information on aggravated assault and aggravated battery, see Georgia Aggravated Assault & Battery Laws.

Defense to Assault or Battery

The Georgia statutes provide that, if a victim uses “opprobrious or abusive language” against the offender, the language may be considered justification for the offender’s threatening behavior or use of force and, therefore, a defense to the crime of assault or battery. Examples of such language are egregious insults or racial slurs, but the language must rise to a level of abusiveness that justifies the amount or type of force used. If the language is mildly abusive or insulting and the offender reacts with significant violence, the language will not justify the crime committed.

(Ga. Code Ann. § 16-5-25).

 

http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/georgia-aggravated-assault-laws
http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/georgia-aggravated-assault-laws