Articles Tagged with battery

Hilulaohaio-225x300Chicago has sought to deal with the increasing problem of hate crime using legislative means. The provisions of the Illinois Hate Crime Act (IHCA), 720 ILCS 5/12-7.1, are the leading authority on the management of the criminal process. The act creates an imperative on the state to prosecute but does not explicitly remove the opportunity for private civil cases to take place. Many victims take the opportunity to sue for damages, even when the aggressor is a public authority or their representatives. The range of options for the court includes actual damages, punitive damages, and additional costs, including attorney fees. At other times, the court may offer injunctive relief in order to stop the offending behavior from happening.

The criteria for what constitutes a hate crime can be fluid and those who offend have often used the ambiguity of definitions in order to attempt a get-out-clause for their behavior. Typically, they will claim that this is a case of freedom of speech, which is constitutionally guaranteed. For those who actually go on to commit acts of violence, the case is much simpler since the prosecutor can go for the assault line of questioning and later prove that hate-inspired motives were at play. A crime becomes a hate crime when it is motivated by perceived creed, race, color, gender, ancestry, religion, sexual orientation, disability, nationality and even membership of a particular group. Bigotry is at the heart of this crime and will be part of the Mens Rea during the prosecution.

The Importance of the Motivating Factors

DSC_0041Criminal assault and battery, in most jurisdictions, is defined as an intentional act where one individual attempts to or does strike another individual; or acts in such a threatening manner as to place an individual in immediate fear of harm. Aggravated assault and battery is when an individual causes severe injury to another, often through the use of a deadly weapon.

Although “assault and battery” are related, under Illinois law they are two separate and distinct criminal offenses. State prosecutors may charge these two offenses separately, however, in order for a prosecutor to prosecute on a charge of battery, he must also prove the elements of an “assault.”

An assault is the attempt to injure another person through threats or threatening behavior. It is viewed as an attempted battery, but is distinguished from an actual battery in that no contact is necessary for the assault. Wherein, in a case of “battery,” the prosecutor must prove that the defendant caused bodily harm to his victim. Illinois state law requires that for a charge of aggravated battery, the defendant must have used a firearm, or some other deadly weapon, or caused harm to a child or a law enforcement officer.

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When doctor/patient relationships get a little too close, sometimes bizarre things can happen. Take for example, the case of Dr. David Newman, an emergency room physician at the Mount Sinai Hospital in New York City. Dr. Newman is accused of drugging a patient and then ejaculating onto the patient’s face. If that is not bizarre enough, his defense should qualify him for admittance into the Guinness Book of Records under “strange and untenable” defenses used in the commission of a crime. See HuffPost Crime and ABC7 Eyewitness News for the complete story.

After Dr. Newman’s unprofessional emergency room behavior came to light, there have been three other accusations of acts of sexual assault and battery committed by Dr. Newman on his patients after they had been drugged.

Since When Did Sexual Assault Become Part of the Care and Treatment of Patients?