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More Serious Assaults Under Penal Code Sections 244, 245, 246

NCJ Number
75360
Date Published
1975
Length
0 pages
Annotation
The materials in this packet which examine the corpus delicti in serious assault crimes include an audio cassette recording, a film strip, and a workbook designed for individualized instruction.
Abstract
Three types of serious assault crimes are considered: (1) assault with a deadly weapon, (2) assault with a caustic chemical, and (3) assault with firearm, on an inhabited dwelling or occupied building. Establishing a corpus delicti for these crimes requires establishing the presence of a deadly weapon (a firearms caustic chemical, or other weapon) and an intent to commit harm. In addition, assault with firearm crimes must establish that the building was normally occupied. Specific intent to harm a victim does not need to be established in these cases. Deadly weapons include (1) blackjacks, slingshots, billy clubs, and sand bags; (2) sawed-off shotguns; (3) metal knuckles; (4) certain types of explosives; and (5) dirks or daggers. Courts have also held that (1) bar stools, (2) beer bottles, (3) frying pans, (4) chairs, (5) cigarette ash, and (6) hat and safety pins were deadly weapons. Factors used to demonstrate the use of excessive physical force include (1) extreme size differences, (2) age differences, and (3) qualification by training to use hands or feet in the application of force. The three types of caustic chemicals include (1) battery acid, (2) lye, and (3) household ammonia. The workbook included with the instructional package is composed of a unit overview, test questions, supplemental activities, and an instructor's answer key.