What Constitutes Stalking as a Crime

What Constitutes the Crime of Stalking

This essay is composed of a few questions based on what constitutes the crime of stalking. I will attempt to provide information that is pertinent and relevant to support my stance. This case study has been tried in a court of law, Clements vs. State, and why this case was ruled in favor of the plaintiff Jennifer Clements.

Provide a brief overview of the handout

Jennifer and Nathan both were members of a church during the time of courtship for six years. In September 1995, they were joined together in wedlock and began their life. Early in the marriage, Nathan started acting peculiarly and became possessive. He purchased weapons like handguns. Often times Nathan would tell Jennifer frightening things like he would send her ex-boyfriend a bullet with his name on it.

Nathan would also give Jennifer automatons like quit your job or leave this apartment. As a scare tactic, Nathan would leave guns on Jennifer’s pillow. With time steadily spinning, Jennifer felt like Nathan would cause bodily harm to her, and she became in fear for her life. Nathan started stalking Jennifer at her place of employment, her apartment building, and the gym was she often worked out.

Nathan became so unpredictable in behavior Jennifer went to the police station seeking help from officers. Jennifer later tried to retrieve some items from the place she and Nathan once shared to take the police with her there. Jennifer also went to her job-seeking protection from the security on duty just to remain in the safe company. Jennifer was reminded that through Nathans’s religious belief, the only she would truly be free from Nathan’s death had to do them part. She testified to all the harassment, peculiar behavior, taunting shouts, and being made to feel she was in danger of bodily harm or death. Nathan was charged by the courts with stalking ( Schmalleger, Hall, Dolatowski, 2010, p. 1)

What are the elements of the crime of stalking under the statute discussed in this case?

Suppose a person is treating and following an individual on several occasions. Trying to cause harm with bodily injuries and going to the extent of death Vernon Supp (1999). Suppose a person is consciously inviting family and friends to a massacre or sending threats. It is considered stalking.

Do you agree with the court of appeals that the statute is not unconstitutionally vague?

Yes, I agree, the reason being is if a person deems it necessary to harass or cause emotional harm, rather it is verbal or physical, it should not be tolerated. Unwanted presence and behavior toward a victim, friends, or family members should be caused to cease immediately. Intimidation, bodily harm, or injury should be reported to law officials without hesitation. This is definitely a federal offense under the statute of law of stalking.

Is the evidence, in this case, sufficient to support a stalking conviction?

Yes, it is sufficient because Nathan was relentless. He absolutely stopped at nothing to possess and control Jennifer. He used different types of scare tactics like verbal threats, weaponry, unwarranted aggressive behaviors, and showing up at different places unannounced and uninvited. This case has more than enough evidence to convict Nathan of a stalking conviction.

Conclusion

Stalking is a habitual action that is committed repeatedly. Harassing someone with the intent to make of bodily harm or death. This behavior causes anxiety and emotional distress to the victim. Being aggressive in nature and showing up to people’s work and home. Followed by threats, all points to stalking.

References

  1. Criminal Law Today, Fourth Edition, by Frank Schmalleger, Daniel E. Hall, with John J. Dolatowski. Published by Prentice Hall.
  2. BCJ 3601-18K-3B19-S1, Criminal Law
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What Constitutes Stalking as a Crime. (2023, Mar 15). Retrieved April 19, 2024 , from
https://supremestudy.com/what-constitutes-stalking-as-a-crime/

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