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Unusual Punishment and Death Penalty Law Research Paper (Other (Not Listed) Sample)


Explain the following:
What is the difference between the crime of assault and the crime of battery?
Can someone be convicted of an assault without being convicted of battery? How so (give an example)?
Can someone be convicted of battery without assault? If so, how so (give an example)?
What is the difference between simple battery and aggravated battery?
2. The United States Supreme Court has determined when a sexual predator or a person convicted or found guilty of a sexual crime can be ordered to indefinite "civil commitment". This is very controversial since all defendants are generally sentenced to a certain time frame to serve in jail (or for life imprisonment) so that Due Process conditions are met (ie. the Defendant know their confinement timetables). Also some argue that this type of sentencing is in violation of the 8th amendment "cruel and unusual punishment" b/c it is indefinite. Explain the following:
A) Define what a "civil commitment" in relationship to a sexual offender and who legally qualifies for it under the law
B) Do you feel "civil commitments" are "cruel and unusual punishment" and/or a violation of "Due Process" rights of defendants since all other crimes a person is given a defined sentence (ie. jail time or at least informed they are sentenced to life imprisonment or the death penalty). Why/why not?


Unusual Punishment and Death Penalty
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Unusual Punishment and Death Penalty
A crime of assault refers to a threat of bodily harm that causes fear to a victim. As such, the crime occurs when the victim has only been threatened without being touched. On the contrary, the crime of battery takes place when a victim is touched in a violent, offensive, harmful, or painful way by the perpetrator. A minor touch can be considered as a battery if it is offensive or painful to the afflicted person (, n.d.). The primary difference between the crimes of assault and battery is that in the former no touching but only threats while in the latter there exist a painful, offensive, or harmful touch.
A person can be convicted of an assault without battery. For example, consider a scenario where two individuals, Jeff and Gordon, are walking in the opposite direction in the same street. Gordon is carrying a bottle of soda. If Gordon lifts the soda bottle ready to hit Jeff when they are about to pass each other, and Jeff runs away, the crime of assault has occurred. In other words, Gordon did not touch Jeff, but he threatened to hit him by using a bottle of soda, which caused fear to the victim who freed himself by escaping.

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