Assault and Battery

Paper Summary:

This paper analyzes the history of common law assault and battery elements and it compares those with the statutes developed for one of the states in America, Idaho. The paper looks at specific cases to discuss the developments. Additionally, the paper discusses possible reasons for the changes and then examines future alterations in terms of modern society.

From the Paper:

"The definition of aggravated battery also differentiates from common law, which has no such definition. Idaho statute IC 18-907 defines the crime as someone who, in the course of committing battery, commits great bodily harm, disability, or disfigurement, uses a deadly weapon, uses a chemical, or attacks a pregnant female and causes harm to the fetus. The statute continues to state those performing consensual abortions, giving appropriate medical treatment to a pregnant female, or a woman who injures her own embryo or fetus, is not to be subject to aggravated battery (IC 18-907). It is clear through the very detailed description of instances regarding pregnant females that such a population was a primary focal point of this statute."

Sample of Sources Used:

• American Heritage Dictionary. (2003). Common law. American Heritage Dictionary of the English Language. New York: Houghton Mifflin Company.
• Idaho Statutes, chapter 18, 18-901 - 18-910.
• Jacobs, J.B. & Potter, K. (2001). Hate crimes: Criminal law & identity politics. Oxford: Oxford University Press.
• Kirland v. State, 43 Ind. 146, 154, 1873.
• McClain, E. (1897). A treatise on the criminal law as now administered in the United States. Wilmette, IL: Callaghan and Co.

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