Discuss the crime of stalking and stalking laws. Be sure to include how stalking first became a crime, the actus reus of stalking and how stalking statutes vary

What will be an ideal response?


Stalking involves intentionally scaring another person by following, tormenting, or harassing him or her. Statutes making stalking a crime began in California, after actress Rebecca Schaeffer was murdered at her Los Angeles apartment by an obsessed fan who stalked her for 2 years. Despite great diversity from state to state, the stalking statutes all share some common requirements when it comes to the criminal act of stalking. As to the kind of conduct that has to be repeated, all states require some variation of the model code's "maintaining a visual or physical proximity.". These acts include following, pursuing, spying, and/or harassing. About half the states require some kind of threat, including the model code's "verbal or written threats or threats implied by conduct," "threat," "terroristic threat," or "credible threat" (LaFave 2003a, 832). All statutes require a specific intent to commit acts included in the actus reus. Slightly more than half the states require some level of subjective fault. About one-third of the states require only objective fault—namely, negligence. The bad result in stalking is placing stalkers' victims in fear. States take four different approaches to the fear caused. Most states adopt a subjective and objective fear test.

Criminal Justice

You might also like to view...

Which term refers to the full forgiveness from all legal consequences of a crime and conviction?

a. executive clemency b. pardon c. reprieve d. commutation

Criminal Justice

Deferred adjudication is ______.

a. a decision made regarding an offense without having to go to court b. a delay in sentencing pending good behavior c. a juvenile justice trial that goes into extended recess d. a delay of trial pending an investigation regarding the respondent’s ability to stand trial

Criminal Justice

Police officers cannot stop and frisk suspects even if they have reasonable suspicion

a. True b. False Indicate whether the statement is true or false

Criminal Justice

Unnecessary or improper entry into a crime scene may destroy or even contaminate potential evidence that can be used to solve a crime. Identify four purposes and reasons why the first responding officer is able to enter the crime scene

What will be an ideal response?

Criminal Justice