Criminal Act Synopsis
A mother and daughter were trying to make a phone call at a free-standing phone booth. A person passed by the two women and then returned. He started talking to the women in an offensive manner. He continued to verbally abuse women and also made several racist statements. Afterward, the man started hitting both the mother and the daughter and tried to push them. Eventually, he pushed the mother to the ground, so the daughter tried to defend her. She hit him around his shoulder and chest. The man pushed the daughter to the ground too, and the fight ended. The act was witnessed by people passing by. Witnesses confirmed that the man attacked women and used a racial epithet. The mother filed a lawsuit against the man convicting him of assault and battery.
Crime Identification
Such crime could fall under the definition of hate crimes. The man intentionally selected these women to conduct an assault and battery. Even though Virginia requires various agencies to collect and analyze data regarding hate crime cases, it does not provide a specific statute criminalizing such hate actions. Nonetheless, according to some sources, the State of Virginia introduces a list of measures regulating hate-related assault and battery (“Virginia: Statutory Criminal Law,” 2021). The law also states that assault and battery committed because of race, religion, or color should be charged with at least six months of confinement. According to Virginia Code, assault and battery, in general, may carry up to one year in jail (Assault and Battery Laws, 2021). Therefore, I believe that the case represents an assault with battery, which was committed because of racial hate and requires six months of confinement as a charge.
Police Response
It may be complicated to determine the probable cause in general as it may differ dramatically from one case to another. According to some sources, the probable cause is a relatively abstract concept, and it is usually determined individually for each case by the court (Berman, 2019). However, I believe that the above-mentioned case represents sufficient information for police officers to conduct an arrest. There are not only two victims who can identify the attacker but also the witnesses who can confirm various details regarding the case. Hence, even though diverse aspects of probable cause may be highly controversial and debatable, the provided case introduces certainty.
Trial Aspects
The above-mentioned case may be viewed as a relatively minor offense, and, hence, it may be treated differently depending on the attorneys. District attorneys may play a significant role in resolving such issues (Burke et al., 2019). The primary function of district attorneys is to collect essential evidence against the criminal defendant in order to maintain law enforcement (Findlaw, 2019). The evidence is collected to be admitted in trial and prove the guilt. In that particular case, the primary evidence is witness testimony and medical reports regarding possible injuries. If a plea agreement is not reached, then the case is taken to trial. During the trial, evidence is introduced from both the State’s and the defendant’s sides. It may be necessary to provide sufficient witness testimony in order to convict the suspect in the U.S. court system. In the mentioned case, the court affirmed the conviction related to unlawful assault and battery. The racial aspect of the assault was also considered, and the defendant was charged accordingly.
References
Assault and Battery Laws. (2021). Web.
Berman, S. J. (2019). When the police can make an arrest: Probable cause. Nolo. Web.
Burke, A. S., Carter, D. E., Fedorek, B., Morey, T. L., Rutz-Burri, L., & Sanchez, S. (2019). Introduction to the American criminal justice system. Open Textbook Library.
Findlaw. (2019). Virginia District Attorneys. Findlaw. Web.
Virginia: Statutory Criminal Law. Virginia: Statutory Criminal Law | Without My Consent. (2021). Web.