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Identifying Stalking: The Relevance of Intent in Commonsense Reasoning

NCJ Number
197647
Journal
Law and Human Behavior Volume: 26 Issue: 5 Dated: October 2002 Pages: 543-561
Author(s)
Susan M. Dennison; Donald M. Thomson
Date Published
October 2002
Length
19 pages
Annotation
This article examines community perceptions of what constitutes stalking behavior.
Abstract
The authors explain that since its emergence a decade ago, the crime of stalking has lacked a clear legal definition. One method used to discern stalking behavior from law-abiding behavior is to examine the intent behind the action. Did the person intend to cause fear or harm to the target person? This definition is sketchy and a more concrete definition of stalking is required if the law is to effectively serve communities. The authors presented a written scenario to 1,080 male and female participants who were approached for this study in public places, such as shopping malls. The scenario depicted a male accused of stalking a female over a 5-month period. The research was intended to examine the effects of intent, persistence, relationship, and consequences of the stalking on the participants understanding of the scenario. Statistical results generated using SPSS indicate that the behavior was identified as stalking by the participants when the accused showed intent and persistence in his behavior. More females than males considered the behavior to be illegal stalking and inferred that the accused intended to cause harm to the target person. The authors suggest that this research could help guide the debate over appropriate anti-stalking legislation. Appendix, references

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