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David answered on Dec 25 2021
Assignment 3: Assault, Battery, and Crimes against Persons
Name:
Comparing And Contrasting The Key Similarities And Differences Between The Crime Of
Assault And The Crime Of Battery With Examples Of Each Crime To Support Response
Topic Crime of Assault Crime of Battery
Definition It would be an attempt to
injure or harm the person
intentionally using violence
or force (Swan, S., Keen, N.,
Reynolds, N., & Onwumere,
J., 2017).
It would be to touch the
person in a harmful manner
intentionally.
Similarity There is no consent from
the victim
There is no consent from
the victim (Swan, S., Keen,
N., Reynolds, N., &
Onwumere, J., 2017).
Interchangeability Assault is only threatening
in nature without any real
harm. Assault can turn into
a battery if the threat is
carried out
Battery is not
interchangeable with assault
Difference There is no physical harm to
the victim by the attacker
There is physical harm to
the victim by the attacker
Example A person threatens to punch
the other person in an
argument. The attacker is
A person punches and
breaks the nose of the other
person in an argument. The
charged by assault by the
victim.
victim sues the attacker for
his medical expenses (Swan,
S., Keen, N., Reynolds, N., &
Onwumere, J., 2017).
Determining Whether Or Not the Jurisdiction in Which the Crime Has Occurred Should
Consider the Man’s Actions As Assault
Every jurisdiction has the power or legal right to exercise its authority. Its extent is only over
certain people, subject matters and territories. Jurisdiction over a person gives the authority to the
courts to try the defendant (Mason, A. T., & Stephenson, G., 2015; Swan, S., Keen, N., Reynolds, N., &
Onwumere, J., 2017). Jurisdiction over a subject gives the authority, which is derived from the
country’s law or constitution, to consider a particular case.
Jurisdiction gives the authority over the geographically area over which a court has the authority
to decide on its cases (Mason, A. T., & Stephenson, G., 2015; Swan, S., Keen, N., Reynolds, N., &
Onwumere, J., 2017).
Jurisdiction has to be considered where the man’s actions as an assault have been taken place.
The punishment for assault can range from fines, community service, and probation to
imprisonment. It depends on the jurisdiction as in many places assault against a public servant
carries strict punishment (Power, R., Robinson, B., Colton, J., & Cameron, M., 2014).
Determining Whether Or Not the Jurisdiction Should Punish the Man’s Actions as Battery
with Justification
Jurisdiction is very important to punish man’s actions as battery. Mostly assault is followed by
the crime of battery. As in most jurisdictions, the victim has to prove that attacker had intent to
cause harm or injury (Power, R., Robinson, B., Colton, J., & Cameron, M., 2014; Freer, R. D., 2014).
Suggesting One Different Fact Pattern That Would Change The Scenario From Assault
And...