Law

Week 8

Assault

Performance Task Assignment #3

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Scenario

Task

Rubric

Document Library

CRJ 105 – Crime and Criminal Behavior

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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

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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

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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

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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

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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

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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

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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

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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

CRJ 105 – Crime and Criminal Behavior

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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

CRJ 105 – Crime and Criminal Behavior

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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

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(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.

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