As this chapter shows, there are many different types of crimes against people (and this chapter only covered a few). Each type of crime has different levels or degrees of how bad they are considered to be under the law, which determines the punishment that will be assigned if that person is convicted. Mens rea and actus reus are major factors in each of these decisions and honestly determining each of those can be more difficult than it may first appear. Further, the manner in which prosecutors use different degrees of a crime for negotiation in plea deals is beyond the scope of this textbook, but a worthy investigation.

As Pope John Paul II said in the opening quote, “Violence is a crime against humanity, for it destroys the very fabric of society.” Crimes against people are incredibly harmful to the victim, their loved ones, the community, and beyond. Scholars Thomas Underwood and Nancie Palmer explained, “With the victim at the center, crime is like a pebble in a pond; it ripples, extending its impact outward.” It is this extreme and extending harm that guides the criminal justice system in addressing such crimes.

7.10.4 Summary

All crimes are classified based on their type and severity under the law. First, crimes are grouped by subject matter into crimes against the person and crimes against property. Then, crimes are classified by level of severity. This classification directly affects the level of punishment tied to the crime. A felony is the highest (worst) level of severity of a crime and of the associated punishment. A misdemeanor is considered a less serious crime and a violation is the least serious type of crime. Crimes are then classified by the level of degree. Degrees start with first for the highest, most severe level and end with forth for the lowest, least severe level. First-degree crimes are the ones considered the absolute worst and carry the greatest punishment. This classification is decided based on several factors, including use of a deadly weapon, premeditation, gruesome or particularly violent actions, special victims, protected victims, and motive. The classification of a crime as second-degree means there was something involved that made the crime slightly less bad or just more understandable. These are called mitigating factors. Third-degree crimes are those with more mitigating factors or a little less harm done. The lowest classification is fourth-degree. These are crimes committed by negligence or recklessness and can sometimes be considered “near accidents.” Almost every crime has two main elements: criminal intent, also called mens rea and a criminal act, also called actus reus. Mens rea and actus reus must be proven together, with concurrence.

Homicide is one human being causing the death of another and is not always criminal. A justifiable homicide is when the criminal action was justified by the threat they believed to exist against themselves or someone else. An excusable homicide claim centers on the person’s mental state when they committed the killing. Criminal homicides are those killings identified by the law as being unacceptable (neither justifiable nor excusable) and for which someone must be held accountable. First-degree murder is the highest classification of murder and results in the most extreme punishment available. Second-degree murder is a homicide that nearly rises to the level of seriousness as first-degree but has some sort of mitigating factor that rationalizes the killing to some extent. Manslaughter is an unlawful killing that occurs without malice or murderous purpose.

Assault is a crime where one person commits or threatens to commit unwanted or uninvited physical contact on another person resulting in harm. Simple assault can include threatening to hit someone, but not actually doing it. Aggravated assault is physical contact that causes serious bodily injury or bodily injury that is caused by a deadly weapon. What was once termed “domestic violence” is now referred to as intimate partner violence (IPV). IPV is an assault that occurs between people in a close relationship.

Rape is defined by the U.S. Department of Justice as, “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim” (DOJ, 2012). Rape is charged according to degrees, much like murder and other crimes against persons. Each jurisdiction specifies their own very detailed factors that are used to determine the degree of the crime.

Robbery is a crime against a person involving force, violence, or threat that poses a risk of injury or death to the robbery victim or other innocent bystanders. The degrees of robbery are determined by weapons (real or not) and whether or not the robber is alone. There are three degrees for robbery (first, second, and third).

7.10.5 Resources

• Learn more about intimate partner violence at the National Domestic Violence Hotline website at https://www.thehotline.org/ including statistics, research, and resources.
• Learn more about sexual assault at the National Sexual Assault Hotline website at https://www.rainn.org/ including statistics, research, and resources.
• Find registered sex offender information for any area of the United States at the National Sex Offender Public Website at https://www.nsopw.gov/.