Homicide

Homicide is the killing of another human being by one or more others. In contrast, suicide is the self killing of a human being.
Legally homicide is classified as either justifiable homicide which is not a crime, or the following crimes:

• murder
• manslaughter
  • voluntary manslaughter
  • involuntary manslaughter
• homicide
  • negligent homicide (in some jurisdictions)
    • reckless manslaughter
    • mere negligence
  • excusable homicide
  • justifiable homicide
  • legal homicide

• infanticide
• causing death by dangerous driving

UK offence. The mens rea requirements for this offence to be committed are weaker than the requirements for manslaughter or murder.

Defenses against homicide, where the identity of the killer is not in dispute, include insanity and self-defense. Defense of property is not per se a defense against homicide, although a homicide where self-defense became necessary as a result of undertaking defense of property may be justifiable homicide.

Torture

Torture is the infliction of severe physical or psychological pain or grief as an expression of cruelty, a means of intimidation, deterrent, revenge or punishment, or as a tool for the extraction of information or confessions.
Torture is almost universally considered to be an extreme violation of human rights, as stated by the Universal Declaration of Human Rights. Signatories of the Third Geneva Convention and Fourth Geneva Convention agree not to torture protected persons (enemy civilians and POWs) in armed conflicts, and signatories of the UN Convention Against Torture agree not to intentionally inflict severe pain or suffering on anyone, to obtain information or a confession, to punish them, or to coerce them or a third person. These conventions and agreements notwithstanding, it is estimated by organisations such as Amnesty International that around 2/3 of countries do not consistently abide by the spirit of such treaties.

Current legal status of torture

On December 10, 1948 the Universal Declaration of Human Rights was adopted by the United Nations General Assembly. Article 5 states "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment".
Since that time the use of torture has been regulated by a number of international treaties, of which the two major ones are the United Nations Convention Against Torture and the Geneva Conventions.
As of November 5, 2005: US Congress is considering attaching Senator John McCain's amendment banning torture to the 2006 Defense appropriations bill. The amendment would ensure an end to the U.S. use of torture, inhuman and degrading treatment, and extraordinary rendition, which have become common practice since September 11, 2001. However, Vice President Dick Cheney and other Republicans are asking for exemptions for the CIA in the torture ban.

United Nations Convention Against Torture

The United Nations Convention Against Torture (UNCAT) came into force in June 1987. The most relevant articles are articles 1, 2, 3 and the first paragraph of article 16.

Article 1

1. Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

Article 2

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Article 3

1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

Article 16

1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

There are several points which should be noted:

• Section 1: torture is defined as severe pain or suffering, which means there exist levels of pain and suffering which are not severe enough to be called torture. Discussions on this area of international law are influenced by a ruling of the European Court of Human Rights(ECHR).
• Section 2: If a state has signed the treaty without reservations, then there are no exceptional circumstances whatsoever where a state can use torture and not break its treaty obligations. However the worst sanction which can be applied to a powerful country is a public record that they have broken their treaty obligations. In certain exceptional cases the authorities in those countries may consider that, with plausible deniability, this is an acceptable risk to take as the definition of severe is open to interpretation.
• Section 16: contains the phrase territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment, so if the government of a state authorises its personnel to use sensory deprivation on a detainee in territory not under its jurisdiction then it has not broken its treaty obligations.

At the moment this treaty has been signed by about half the countries in the world.

Geneva Conventions

The four Geneva Conventions provide protection for people who fall into enemy hands. They envisage war in its traditional form, whereby people in uniforms fight clearly defined enemies in uniform, within a clearly defined arena. It therefore divides people into two explicit groups: combatants and non-combatants (civilians). There is a third group whose existence is implied, but whose treatment is not covered in detail. These are unlawful combatants, such as spies, Mercenary and other combatants who have broken the laws of war, for example by firing on an enemy while flying a white flag. Whilst combatants and non-combatants are provided substantial protection, a lesser level of protection is afforded to unlawful combatants.
The third Geneva Convention (GCIII) and fourth Geneva Convention(GCIV) Geneva Conventions are the two most relevant for the treatment of the victims of conflicts. Both treaties state in their similarly worded article 3 that in a non-international armed conflict that "Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms... shall in all circumstances be treated humanely and that there must not be any "violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture." or "outrages upon personal dignity, in particular humiliating and degrading treatment".
Under GCIV most enemy civilians in an international armed conflict will be "Protected Persons" under the meaning of GCIV, (see exemptions section immediately after this for those who aree 32, protected persons have the right to protection from "murder, torture, corporal punishments, mutilation and medical or scientific experiments...but also to any other measures of brutality whether applied by non-combatant or military agents."
The treatment of prisoners of war (POWs) in an international armed conflict is covered by GCIII. In particular article 17 states that "No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted or exposed to unpleasant or disadvantageous treatment of any kind.".
GCIII POW status has far fewer exemptions than "Protected Person" status under GCIV. If a person is an enemy combatant in an international armed conflict, then they will have the protection of GCIII and be entitled to be regarded as POWs under GCIII unless they are an unlawful combatant. If there is a question of whether the combatant is an unlawful combatant, they must be treated as POW's "until their status has been determined by a competent tribunal" (GCIII article 5). If the tribunal decides that they are an unlawful combatant, and they are a Protected Person under GCIV, they will still have the some protections under GCIV Article 5. They must be "treated with humanity and, in case of trial [for war crimes], shall not be deprived of the rights of fair and regular trial prescribed by the present Convention".
A person, who is found guilty of war crimes in an international armed conflict, or is not protected by GCIV because of some other exemption, is no longer protected by the Geneva Conventions.

Sexual assault

This page deals with sexual assault as a medical emergency and gives information on how victims, first-aiders and medical personnel can respond.
See rape for definition, consequences, sociological context, and other available resources.

Table of contents

1 Definition 2 Causes 3 First Aid 4 Field Care (for EMTs) 5 Clinical Treatment

Definition

Sexual assault is a violent crime consisting of unwilling sexual contact with another person. Often the act is accomplished by force sufficient to cause physical injury. At other times, even though no lasting physical injury is sustained, the psychological damage done by this intimate violation may be substantial. Such damage calls for tact and sensitivity from persons who would help the victim. In Western countries, forcible rape is considered a medical emergency and survivors are encouraged to call for help to report this criminal act and medical emergency. Cześć skurwiele

Causes

The etiologies and proximate causes of sexual assault are beyond the scope of this article. The etiologies for sexual assault are by definition a matter for biology, medicine, and perhaps philosophy, while likewise the proximate causes for sexual assault are by definition a matter for criminology. Many argue that there are risk factors for sexual assault; that is, certain risky behaviors by the victim exist that may increase the chance of sexual assault. Others dispute this, and argue that victim behavior is not a contributing or causal factor.

First Aid

Call for help or assist the victim in self-transport to the nearest hospital emergency room. Due to the sensitive nature of this criminal offense, first-aiders should be scrupulous about respecting the victim's wishes and providing what emotional support is appropriate to their role. (For example, a friend is a better person to provide comfort than a security guard.)

Field Care (for EMTs)

Follow local protocols. Provide supportive care for other injuries as appropriate. Fully document any care given and additional information for use by later investigators.

Clinical Treatment

Psychological first aid in the immediate aftermath of the assault is important to successful emotional recovery from a sexual assault. Sensitivity and tact is required. Physical injuries such as gynecologic hemorrhage may have resulted.
Preventative treatment against sexually transmitted diseases may be required.
Voluntary administration of emergency contraception may be considered in societies where such administration is both socially acceptable and legal. Most Western societies fall into this classification, while most African and South American societies, and many Asian societies, do not. Health care providers in societies where emergency contraception is available should be aware that failing to inform patients of the availability may leave them open to allegations of malpractice.
All hospital emergency rooms should have complete procedures in place for assisting victims of sexual assault. Collection of evidence such as DNA samples which can help in criminal prosecution of the assailant should follow rigorous chain of custody procedures. See Rape kit.
Victims should be referred to additional resources and made aware of their rights under policy and law.

Sexual abuse

Sexual abuse is a relative cultural term used to describe sexual relations and behavior between two or more parties which are considered criminally and/or morally offensive. Different types of sexual abuse involve:

• Non-consentual, forced physical sexual behavior such as rape or sexual assault.
• Psychological forms of abuse, such as verbal sexual behavior or stalking.

Table of contents

1 The issue of consent 2 Spousal sexual abuse 3 Student and patient sexual exploitation 4 Minor sexual abuse as it relates to law

The issue of consent

In the majority of cultures and countries, sex is legal and acceptable only if both parties give informed consent. In most western countries, the term "informed consent" is doubled as a legal term as well; one which applies to mainstream ideals.
In some cases, some forms of sexual behavior are still considered illegal even though both parties are able to give informed consent, such as specific practices involved with BDSM (due to it being legally defined as assault, regardless of informed consent).
Most societies have strict laws, edict, and moral beliefs as to who may consent to sex. In most jurisdictions, disadvantaged classes of people such as minors and mentally retarded people have limited or no rights to give legal, informed consent, even though the parties involved may truly be consenting and willing to such actions. The debate about who can truly consent to sex is a controversial subject which crosses borders of law and culture. For this reason, many of the terms and phrases used can be blurred between the two as to what is truly abusive sexual behavior and what isn't.

Spousal sexual abuse

Spousal abuse is the term applied to the specific form of domestic violence, where physical or sexual abuse is perpetuated by one spouse upon another (typically the male).

Student and patient sexual exploitation

Students are sometimes victims of sexual exploitation by teachers and professors, see Academic abuse. Even if the sexual contact is consented to (or even initiated) by the student, it may be considered a form of abuse on the presumption that the teacher or professor is apt to exploit his or her position of authority in a subtle form of psychological coercion. Whether this is a sound presumption in all cases may be disputed.
Patients of psychotherapists are another common category of sexual exploitation; see Psychotherapist abuse.

Minor sexual abuse as it relates to law

According to United States law, minors under the age of consent can only give "simple consent", but not informed consent, to sexual activity. State laws generally differentiate between an adult engaging in sexual activities with minors. Generally speaking, the two categorizations of charges faced are:

• Sex between a minor child/prepubescent/tween and an adult is "child sexual abuse".
• Sex between a minor adolescent/teen/youth and an adult is "statutory rape".

According to some state laws in the U.S., if two or more minors under the age of consent engage in sex with each other, they may both be (somewhat paradoxically) classified as victims of sexual abuse. Cases in which both participants are minors have historically not been prosecuted, although a shift in the direction of prosecuting minors for consensual sex with other minors seems to have occurred in the last several decades. (See Ethical Treatment for All Youth for examples.)

Physical abuse

Physical abuse is abuse involving contact intended to cause pain, injury, or other physical suffering or harm.
Basic forms include:

• striking
• punching
• pushing, pulling
• pinching
• kicking
• having someone fall
• strangling
• drowning
• sleep deprivation
• exposure to cold, freezing
• exposure to heat or radiation, burning
• exposure to electric shock
• placing in "stress positions" (tied or otherwise forced)
• cutting or otherwise exposing somebody to something sharp
• exposure to a dangerous animal
• throwing or shooting a projectile
• exposure to a toxic substance
• infecting with a disease

Overkill

Overkill is a term for the use of excessive force that seems to go further than just achieving its goal. For example, trying to kill a duck with a rocket launcher would be overkill.
The term was probably coined in the 1940s and was in common use during cold war era, referring to the arms race between the USA and the USSR. Both nations possessed (and still possess) more than enough nuclear weapons to destroy one another - nuclear overkill.

• Destructive nuclear capacity exceeding the amount needed to destroy an enemy.
• Excessive killing.
• An excess of what is necessary or appropriate for a particular end: “government overkill in dealing with dissent” (Jesse Unruh).
• Mutually Assured Destruction (MAD) is another term used in regards to overkill. For example, if the USA was to detonate a weapon on the USSR soil, it was considered a mutual destruction for both countries, for the USSR would have already launched a nuclear volley of their own, prior to their annhilation.

Brutality

Brutality, or Abuse, is a general term for the misuse of a person or thing, causing harm to the person or thing, to the abuser, or to someone else. Abuse can be something as simple as damaging a piece of equipment through using it the wrong way, or as serious as severe maltreatment of a person. Abuse may be direct and overt, or may be disguised and covert.
Several types of abuse include:

• Sexual abuse: The improper use of another person for sexual purposes, generally without their consent or under physical or psychological pressure. It is often inflicted on children.
• Physical abuse: Where one person inflicts physical violence or pain on another.
• Emotional or psychological abuse: coercion, humiliation, intimidation. Where one person uses emotional or psychology|psychological manipulation to compel another to do something they do not want, or is not in their best interests; or when one person manipulates another's emotional or psychological state for their own ends.
• Drug abuse: the misuse of drugs, alcohol or other substances, usually a form of addiction
• Child abuse: Abuse, usually physical, emotional or sexual, directed at a child.
• Spousal abuse: Abuse, usually physical, or psychological abuse, directed at one's spouse.
• Elder abuse: Abuse, most often physical or in the form of psychological threats, directed at the elderly, especially in nursing homes and similar institutions
• Human rights abuse: A violation of human rights.
• Verbal abuse: The use of foul language, obscenities or demeaning talk directed at another.
• Animal abuse: Abuse or cruelty directed at animals.