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28 Cards in this Set

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Stalking

A pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.

Ex. Assaulting the victim, violating protective orders, sexually assaulting the victim, vandalizing the victim’s property, burglarizing the victim’s home or otherwise stealing from the victim, killing the victim’s petThreat (i.e delivering dead animals to doorstep of victim or pointing finger at someone signifying they want to shoot them)Harassment: (i.e unsolicited letters, unsolicited phone calls, leaving unwanted items for the victim)Following the victim: Perpetrator stands outside workplace or home, spying, while having no business being there

What precipitated stalking laws and where did this occur?

In 1990, California became the first state to pass an anti-stalking law after the murder of actress Rebecca Schaeffer. Following, in a short period of time all 50 states have followed up. On July 25, 1996, the United States senate passed the Interstate Stalking Punishment and Prevention act.

Relationship or simple obsessional stalkers

The perpetrator most likely had been in a prior relationship with the victim. The word choice of simple is not to discredit the severity of the abuse, but more so to classify these individual as the most common type of stalker.

Emotionally immature, socially incompetent, unable to maintain relationships, overly jealous, insecure, and low in self esteem.

Love obsessional stalkers

These types of perpetrators usually target celebrities and/or politicians.

They often invent fantasies despite the nonexistent relationship and will go for lethal means to achieve it; there is little to no care if the attention they receive is positive or negative- making them very dangerous.

Erotomania

Usually associated with a stalker who has severe mental problems, including delusions. Opposed to the love obsessional stalker, the erotomaniac may actually believe the victim knows and/or loves him/her.

These types of stalkers may follow victims for long periods of time. Although it is rare, erotomaniacs may target public figures (i.e celebrities, politicians, etc).

Vengeance and terrorism stalker

These stalkers seek to “punish” the victims for what they perceive they did wrong.

Individuals who seek vengeance on employers after being fired, or antiabortionists who stalk doctors who participate in abortion practices.

Stalking

A pattern of repeated and unwanted attention, harassment or contact that would cause a person to feel fear through a series of actions.

Homicide

The killing of another human being.

Intimate Partner Violence

The killing of a spouse, ex-spouse, boyfriend or girlfriend.

Justifiable Homicide

Killing with no evil or criminal intent. The person committing the homicide is not at fault therefore deemed an act as self-defense.

Ex. Carrying out the death sentence of an inmate or killing during combat

Excusable Homicide

Homicide committed accidentally. Perceived as wrong but tolerated due to the person’s state of mind.

Killing an attacker after being assaulted in a parking lot without using a dangerous weapon or kill in a cruel and unusual way.

Felonious Homicide

the wrongful killing of a human being (with malice intent).

What are lethality assessments?

A.k.a. Risk Assessment- is a tool used to determine if an offender is at risk for future offending by classifying individuals into high and low risk categories. It has been tested (by CJ professionals) and found to be a good predictor of offender recidivism. It consists of a 20 question interview that could be administered by practitioners with some training.

The use of the self-defense argument to include its use when a victim kills/assaults their batterer (battered persons syndrome); what is it?

Classified as an excusable homicide in which the victim has suffered constant violence and has been battered to the point where it pushes the victim to kill their oppressor. However, the law does not recognize The Battered Wife Syndrome as a defense

Protective Order Confidentially

Survivors of IPV demand that his or her name, number and address not be part of the public record when filing for a court order of protection which is called ___________

Confidentiality from the courts is standard procedure for those who fear for their safety

Driver’s Privacy Protection Act

Became effective Sept 13, 1997. Under this act, personal information from the driver’s license can be disclosed only to certain categories of requesters.

Address Confidentiality Programs (ACPs)

Provides victims of domestic violence with a legal substitute address to prevent their perpetrators from using public record to track down.

Protective order

Allows certain victims of domestic violence to receive protection and some kinds of relief

Those who are eligible for protective orders have to be current and former spouses, cohabitants for 90 days, person related to the respondent by blood, marriage or adoption, parents/stepparent/stepchild (under circumstances), vulnerable adults, person who has had a child with the respondent

Peace order

Provides protection to people experiencing certain kinds of abuse who are not eligible for protective orders

Those who are eligible for peace orders must be within 30 days of the act and the petitioner must show that the act occurred and that it is likely to occur again

Interim protective orders

If you are in immediate danger of abuse and the court is closed you may get an interim order by going to the nearest district court commissioner. An interim order goes into effect once the respondent is served by a law enforcement officer. The interim order lasts until a judge holds a temporary hearing.

Temporary (ex parte) protective orders

This can be done ex parte, but is done before a judge. The abuser is notified of the order against him as soon as it is issued. The temporary orders in effect for 7 days at which point a full court hearing will be held for final

Permanent order

An order can be permanent (last forever) if you had a prior order against him/her in the past and the s/he is convicted and serves at least 5 years in prison for an incident of abuse against you that was the basis for your prior order -- now, if you request a new protective order, this new order can be permanent.

Final Protective order

Can be issued only after both sides have the opportunity to present their evidence and testimony at a full court hearing. If the judge believes that the abuse has occurred, or if the respondent consents to the you getting the protective order, the judge will grant a final protective order

Mincey v. Arizona

Police must obtain a warrant before searching a murder scene, with the exception of searching the scene for more possible victims.

Crawford v. Washington

Held that “testimonial” out of court statements inadmissible if the accused did not have the opportunity to cross examine that accuser. Testimonial is a legal term of art: any statements that an objectively reasonable person in the declarant situation would have deemed likely to be used in court.

Example: a declarant made a statement to a police officer, and then that officer testifies about that statement at trial.

Giles v. California (2008)

When offering hearsay statements by an unavailable declarant under the “forfeiture by wrongdoing” doctrine, the state must establish not only that the defendant caused the absence of the declarant, but acted with the specific intent of keeping the witness from testifying.

Davis v. Washington

The supreme court ruled that the statements to the 911 operator were not “testimonial” (formal statement), therefore admissible as evidence

Davis rationale: The 911 call was not to establish or prove past facts, but to describe circumstances requiring police assistance. The caller spoke about events as they were actually occurring while facing an ongoing emergency, rather than describing past events.The statements were necessary to resolve the emergency rather than to investigate events.

Hammon v. Indiana

The statements of an alleged victim made in response to an officer's questions in a room away from defendant when there was no immediate threat to her person, the supreme court ruled that the statements were “testimonial”, making them subject to the 6th Amendment.

(keyword: alleged victim making statement in a safe space)