Week 5 Discussion 2

Compare and contrast threats of violence and bullying to determine what differentiates one as a crime from the other as a behavior.

Excerpt from Criminal Law, Gardner/Anderson, 11th edition/2012
Page 230 Page 232

Threats of Violence

1. A threat becomes a crime if it is explicit and likely to result in imminent lawless action.

2. Consequences and actions against threats can be charged as various crimes, such as disorderly conduct, inciting violence, or even racketeering. Accompanied by physical violence (model penal code, section 211.1 (1) (c) makes threats of violence an assault.

3. Threats against public officials are a violation of federal law (18 U.S.C. § 471).

4. Threats by school children against teachers or other students. To be the basis of a criminal conviction (as opposed to school discipline), the threat must be a “true threat”.

5. Terrorist threats are taken seriously (model penal code, section 211.3) are a third-degree felony to make threats designed to cause evacuation of public buildings or public conveyance.

Violations of restraining orders can subject the violator to contempt charges or other criminal liability.

Cobble v. State, 2004 WL 168877
(GA.App.2004)
(Terroristic Threat Statute)

6. Threats by mail constitute a violation of federal law.
7. Using e-mail constitutes a threat of violence and is a federal crime.
8. Unlawful use of a telephone can constitute a federal crime.
9. Unlawful harassment by electronic communication that communicates threats to a person is a criminal offense.

Bullying

1. Bullying consists of repeated harmful acts which involve physical, verbal, or psychological attacks of intimidation.

2. Directed against victims who cannot properly defend themselves because of size or strength, or because they are outnumbered or less psychologically resilient.

3. Bullying was once viewed as harmless adolescent behavior…it is now known that bullying can have a “long-term” effect on both the bully and victim, and can lead to other forms of violence.

Case – Tinker v. Des Moines
School District (control conduct on
school property)

Threats of violence is usually an aggressive overture of physical harm toward another person which could lead to great physical harm or death. Whereas bullying can consist of some physical contact with the possibility of physical harm or maybe death but mostly it is a psychological threat to affect a person mentally with the attempt to destroy another person. It may result in possible mental dehabilitating factors that would hamper them and restrict their ability to function in society whether personally or at the workplace, familial, or any possible interaction with people.

Both are behavioral patterns with aggressive underlayments and both are criminal endeavors with varying degrees of criminality that are enforceable by law if proven.

Discuss the basis for the Supreme Court’s decision that the Second Amendment is binding on the states, and how it has influenced laws concerning gun ownership and gun control.

The basis for the Supreme Court decision under the Second Amendment reflects that the use to bear arms has always been a privilege under the U.S. Constitution and is allowable for private citizens to possess such arms as long as they are registered properly and abide by the guidelines for possession. Based on the adjustments to the Second Amendment in 2008 and 2010 this further protects the rights of people to keep and bear arms for self-defense, etc.

The State and local government are extended the same power as the federal government and must abide by the same regulations and guidelines that pertain to gun possession by citizens when addressing any issues that pertain to their ownership.

Give your opinion as to why this is a passionate topic with citizens.

I believe that this is a passionate topic with citizens because some fear that the privilege will be withdrawn and they will become a victim of a predator and not having a weapon to try to even the odds causes distress to a lot of people.

Reference:

http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution
Criminal Law, Gardner/Anderson, 11th edition/2012 – Page 240 – 242