(11) Associated Major Crimes Homicide and Stalking'

(11) Associated Major Crimes Homicide and Stalking' -...

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Unformatted text preview: Chapter 11 Associated Major Crimes: Stalking and Homicide Chapter 11 Chapter 11 Stalking Chapter 11 Stalking • Not a new crime – CA has pioneered legislation in this field • Stalkers go to great lengths to get noticed by their victims • Stalkers are violent toward their victims bt 25 and 35% of the time • Those who have had a previous relationship with the victim are the most likely to become violent • National Violence Against Women Survey (NVAW) - defines stalking as the victim experiencing a high level of fear – 8% of women and 1% of men • Gender neutral crime – when the relationship is domestic, so is the crime Chapter 11 What is Stalking? • Pattern of bx designed to cause harm or instill fear – series of action usually includes following or harassing the person • Intent is a KEY element • 14 states – felony on 1 st offense • 34 states – felony on 2 nd offense • Broadly written statutes often face constitutional challenges • Typically defined as willful, malicious and repeated following and harassment of another person • Some states require perp to make a credible threat of violence • For NVAW only those who reported being very frightened or feared bodily harm were counted as victims: – Followed or spied on you – Sent you unsolicited letters or written correspondence – Made unsolicited phone calls – Stood outside your home, school or workplace – Showed up at places you were – Left unwanted items for you to find – Tried to communicate with you in other ways against your will – Vandalized your property or destroyed something you loved? Chapter 11 Stalking Behaviors • Motivations of a stalker vary – Intimate and control – Scare – Fanaticized love interest – Desire to keep them within a personal relationship • Violence occurs in 30 – 50% of stalking cases – Severe violence in 6% – Most consistent indicator of violence - threats and a previous intimate relationship with the victim – Substance abuse HX is predictive of an increased rate of violence among stalkers Chapter 11 Common Elements • Following – most common – Done for a specific purpose – achieve a reaction is the routine objective – Stalkers motivation will determine which reaction is the desired one – Will often alert the victim – make them aware of their presence – control and intimidate – Following is meant to cause fear and bolster self-esteem of stalker • Harassing – knowing and willful pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms or annoys that person – Reasonable person would suffer substantial emotional distress as a result – Stands uncomfortably too close – Breaks into home and leaves evidence of it – Harassing phone calls – Sending or leaving unwanted items – Communication involving veiled threats – items must be looked at closely for physical properties and intended meaning • Threats – legal requirement of a credible threat may be the most difficult element to...
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This note was uploaded on 06/25/2008 for the course CRJ 152 taught by Professor Spencer during the Spring '05 term at Middlesex CC.

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(11) Associated Major Crimes Homicide and Stalking' -...

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