Clements V. State Stalking Case Study

Whether or not Brenda knows that Jim is watching her is the crux in this situation whether or not Jim would be charged with stalking. Going over the statute in Colorado, Stalking is defined by C.R.S. § 18-3-602 (2015) crime against person. Felony. (1) A person commits stalking if directly, or indirectly through another person, the person knowingly: (c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, and cause that person to suffer serious emotional distress. (a) Commits a class 5 felony for a first offense except as otherwise provided in subsection (5) of this section;  (5) If, at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described in this section, the person commits a class 4 felony. (9) When a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentences imposed pursuant to this section and pursuant to section 18-6-803.5 or any sentence imposed in a contempt proceeding for violation of the court order shall be served consecutively and not concurrently. In annotation for the statute Colorado Title 18 lists that a person commits the offense of stalking if her or she knowingly engages in conduct that causes a reasonable person to fear for his or her safety or the safety of his or her family or intimates. People v. Chase, 2013 COA 27, P.3d_. Evidence sufficient to establish a “credible threat”. The credible threat does not need to be separate from the harassing behavior or verbal. Jim's stalking did not include a overt threat to Brenda, nor is it clear that Brenda was even aware

Before delving into the main points, the definition of stalking must be outlined. According to Patricia Tjaden and Nancy Thoennes, in their study of the National Violence Against Women Survey, “Stalking generally refers to harassing or threatening behavior that an individual engages in repeatedly, such as following a person, appearing at a per son 's home or place of business, making harassing phone calls, leaving written messages or objects, or vandalizing a person 's property. These actions may or

Stalking is normalized because of the media’s depiction of stalking and how romanticized it is, as well as social media allowing it to be easier to access a person’s life. Stalking is made more prevalent by the way stalking is portrayed in the media. According to Jay Blake, author of

The following article is both interesting and informative when it comes to the final paper product as it deals specifically with laws against stalking; the following research examines and evaluates the anti-stalking laws in place around the United States along with their effectiveness. Richard A. Lingg compares the other set of the anti-stalking statutes around the country with that of California, one of the first states to enact stalking laws and make it a punishable offense in the 90’s, in doing so he spilt the laws into two groups; one where other states have adopted California’s law with no modifications and the other is roughly based on the original law but has a broader range. The original California law and the states that adopted it

In the article College Student Perceptions of Criminal Justice System Responses to Stalking (2011) the authors explain the methods they had used and examples of past and current research in order to give an insight as what is being explained throughout the article. The current study used a survey that had been administered to undergraduate college students from a large east coast university to examine whether extra-legal factors influenced their personal judgements of criminal justice system responsiveness to stalking (Cass & Rosay, 2011). Stalking and to how it is perceived by college students was the question. There are specified statistics as to where victimization rates range from, for example 13 percent to 30 percent and other estimates

Mark McLeod would fall under the erotomanic stalker category. In this case, the stalker is fixed on the fact that the victim is in love with them, even though Miley

There are so many people view obsessive love as a taboo and something to be criticized, however Spitzberg and Cupach, Allez, and Shimizu explains how different types of stalkers tend to do things differently when it comes to their victims. Helen Fisher only provided the necessity to back them up. I notice that Allez wanted the readers to know that it is needed to understand why stalkers do what they do, but not to forgive their behavior. This entire journey of writing and revising was a struggle, but I got through. With fried brain cells and a whole lot of energy drinks. It’s odd for me to say that I had fun researching and getting new knowledge on a topic not everyone is comfortable with. Before all of this new information taking up all the

Stalking has been a label for a long-term pattern of persistent pursuit and intrusive behavior directed by one person toward another (Logan & Cole, 2007). It is a term that has been around since

Prior to the early 1990’s there were not any anti-stalking statues in the United States leaving many victims with little protection or help available from the legal system. This changed however in 1990 when California became the first state in the union to pass a state-wide anti-stalking law which declares that “any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking” (Cal Pen Code § 646.9, 2008), in this case the law indentifys a credible threat as a verbal or written threat, which can be sent electronically either through a computer, cellphone, or others, that the offender has the means to carry out. However, while California and the other

In my opinion, most cases of stalking seem to start when someone ends a relationship or denies the invitation of going out with someone. In the article above, a women denied the invitation to go out with a man that admired her. He did not take her answer of “no” well and continued trying to purse her but in the wrong way. He stalked her off and on for five years. In my opinion, he was a total sociopath in the beginning he would call her over and over again, then he started writing her threatening notes asking her what would she do if someone

with stalking as a crime. California was not only the first state to enact anti-stalking

As our text mentioned, phone calls may be faked to keep the person safe, or they may be faked just because the person does not like the people who are trying to communicate with him or her. Although it is hurtful, especially when the people being avoided know that they are actively being avoided, faking phone calls can also be used to keep someone safe from harm. Someone may have a very persistent stalker who knows of their online profiles, tries to find out their passwords, has pictures of the stalkee printed and posted on walls, and constantly thinks about the stalkee. As the "Why am I being stalked?" page indicates, there are many reasons and motives behind why stalkers stalk the people they are interested in, hate, like, or are otherwise

Any person can have a stalker at any time without knowing it. Most people do not even know they are being stalked when they go to the police. After more cases were given to the police about stalking, action was taken. Police would just write reports and not take the matter seriously. Until the stalker goes beyond normal actions and tries to injury or fear the victim, those actions are considered legal (“Stalking”). The police cannot do anything unless the stalker does something illegal which makes the victims frustrated. Now the police have their own distinct unit that specializes in stalking. This is like the Los Angeles police who have their own unit called LAPD Threat Assessment Unit (Stalker on CBS.com). Even in the show it shows victims telling the unit that policemen did not take the matter seriously. These hints throughout the show points fingers at real life policemen asking for action. In the show victim’s cases are taken and solved fast. This leads people to think that if something like that happened to them their problems would be solved right away. The show creates this illusion and gives the audience false hopes. While

Like domestic violence or theft, stalking is a crime punishable by law. Charges vary state to state, but often include aggravated stalking, trespassing, and/or a temporary restraining order (NO Bullying, 2015). Charges also may include that of domestic violence and/or sexual assault. The Merriam-Webster Dictionary defines the intransitive verb ‘stalk’ as walk[ing] swiftly or haughtily”. The word as a transitive verb is defines as “to purse obsessively and to the point of harassment” (Merriam-Webster Dictionary, 2017). The act of talking or of being stalked is defined by the Department of Justice as a “pattern of repeated threatening behavior or harassing behaviors that directly or indirectly communicate a threat, or place the victim in fear”

When dealing with harassment and stalking it is important to for the victim to understand that the more evidence that they are able to give to a judge or jury the more the chances are that they will be able to gain a conviction in their case (Bureau of Justice, 2009). A larger number of victims do not understand that harassment and stalking statue require that there be prof that the events happened more than once and also require that the defendant should be charge by the manor of stalking that occurs such as banishing a weapon or braking court orders and probation by contraction the victim in any way (TCA 39-17-315).