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Chapter 09


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Chapter 09

  1. 1. Chapter 9Assault, Domestic Violence, Stalking and Elder Abuse Hess 9-1
  2. 2. Introduction• Some assaults take place very publicly• Often victims and witnesses are willing to press charges and testify in court• Domestic violence has become a priority in many departments• Psychological assaults or stalking behaviors have become law enforcement concerns Hess 9-2
  3. 3. Assault: An OverviewDEFINITION• Unlawfully threatening to harm another person• Actually harming another person• Attempting unsuccessfully to harm another person• Naler v. State (1933) Hess 9-3
  4. 4. ClassificationTWO CLASSES• Simple assault  Causing fear of immediate bodily harm  Attempting to inflict harm• Aggravated assault  Unlawful attack  Inflicting severe bodily injury  Felonious Hess 9-4
  5. 5. ClassificationOFFICERS ASSAULTED• In 2009, 57,268 officers assaulted while performing their dutiesLEGAL FORCE• Physical force may be used legally in certain instances• In loco parentis Hess 9-5
  6. 6. Elements of the CrimeSIMPLE ASSAULT• Most state statutes have common elements• Intent to do bodily harm to another• Present ability to commit the act• Commission of an overt act toward carrying out the intention Hess 9-6
  7. 7. Elements of the CrimeAGGRAVATED ASSAULT• Bodily injury results in one of the following:  A high probability of death  Serious, permanent disfigurement  Permanent or protracted loss or impairment of the function of any body member or organ  Other severe bodily harm Hess 9-7
  8. 8. Elements of the CrimeATTEMPTED ASSAULT• Also a crime in many states• Requires proof of intent• Overt act toward committing the crime• Intent or preparation is not enough to prove attempted assault Hess 9-8
  9. 9. Special Challenges in InvestigationMAKING DETERMINATIONS• Distinguishing the victim from the suspect• Civil or criminal matter• Intentional or accidental• Obtaining a complaint• Calls may be dangerous Hess 9-9
  10. 10. The Preliminary InvestigationPROVING THE ELEMENTS OF ASSAULT• Determine events leading up to the assault• Establish the intent to cause injury• Establish severity of the injury inflicted• Establish whether a dangerous weapon was used Hess 9-10
  11. 11. The Preliminary InvestigationEVIDENCE IN ASSAULT INVESTIGATIONS• Photos of injures• Clothing• Weapons• Bloodstains, hairs, fibers and other signs• Special categories of assault Hess 9-11
  12. 12. Investigating Domestic ViolenceOVERVIEW• Pattern of behaviors• Physical, sexual, economic and emotional abuse• Alone or in combination• Often by an intimate partner• Maintain power and control Hess 9-12
  13. 13. Investigating Domestic ViolenceHISTORY OF DOMESTIC VIOLENCE• Deep roots in patriarchal systems• Passed from generation to generationCYCLE OF VIOLENCE• Tension-building stage• Acute battering episode• Honeymoon Hess 9-13
  14. 14. Investigating Domestic ViolenceTYPE OF ASSAULT AND WEAPONS USED• Physical• Sexual• Threats• Psychological/emotionalPREVALENCE OF DOMESTIC VIOLENCE• National Crime Victimization Survey Hess 9-14
  15. 15. Investigating Domestic ViolencePREDICTORS AND PRECIPITATORS• History of family violence• Indicator crimesPOLICE RESPONSE• Look for evidence• Difficulty in determining cause for arrest Hess 9-15
  16. 16. Investigating Domestic ViolenceEFFECTIVENESS OF INTERVENTIONS• Batterer intervention program (BIP)• Stake in conformityRESTRAINING ORDERS• Full faith and credit• Binding and enforceable nationwide Hess 9-16
  17. 17. Investigating Domestic ViolenceLEGISLATION• Lautenberg Amendment 1968AVOIDING LAWSUITS• Pro-arrest policy• Document why an arrest has or has not been made Hess 9-17
  18. 18. Investigating StalkingOVERVIEW• Willful or intentional commission of acts• Cause a reasonable person to fear death or serious bodily injury• Place the victim in fear of death• Place the victim in fear bodily injury Hess 9-18
  19. 19. Investigating StalkingTYPES• Intimate or former intimate• Acquaintance• Stranger stalkingLEGISLATION AND DEPARTMENT POLICIES• All 50 states have general stalking laws• Variation and subjectivity exists Hess 9-19
  20. 20. Investigating StalkingPOLICE RESPONSE• Traditionally issue restraining orders• Unique challenge• Stalkers are not easily deterred• Victim input is encouraged• Strong connection between stalking and domestic violence Hess 9-20
  21. 21. Investigating Elder AbuseGROWING CONCERN• Physical and emotional abuse• Financial exploitation• General neglect of the elderly• Verbal abuse and threats• Sexual abuse• Abandonment Hess 9-21
  22. 22. Investigating Elder AbusePREVALENCE AND NATURE• Not a specific crime category in many states• Extent of elder abuse is currently unknownINDICATORS AND RISK FACTORS• American Medical Association questions• A learned problem-solving behavior Hess 9-22
  23. 23. Investigating Elder AbusePOLICE RESPONSE• Have patience with victims• Nonverbal cues are importantREDUCING ELDER ABUSE• Community group activity• Social isolation contributes to mistreatment Hess 9-23
  24. 24. Summary• Assault is unlawfully threatening to harm another person• Challenges in investigating assaults include distinguishing the victim• Establish the intent to cause injury and the severity of the injury• Stalking causes a person to fear death or serious bodily injury• The extent of elder abuse is currently unknown Hess 9-24