Child Victimization in Minnesota

Abuse

Child abuse is the physical, emotional, or sexual mistreatment or neglect of a child.

I do not think spanking is child abuse if it is done in a responsible manner. If the adult is sending a valuable disciplinary message that the child is aware of, without causing bodily harm, I think it is appropriate. If the adult is spanking excessively and the child doesn't know why, or if the adult is injuring or harming the child, I believe it is not appropriate. As long as adults spank in a respectful manner, I think it should be allowed as a form of punishment or discipline. 

I believe public punishment is acceptable depending on the circumstances. For instance, if a child is acting out in a grocery store and will not obey his/her parents, I think it is acceptable for the child to receive a small pop on the bottom as punishment. However, beyond that, I think any yelling or actions taken that will make a scene, need to be done in private so that others do not feel uncomfortable witnessing the events. However, if the parent is using acceptable forms of punishment, this should not be an issue regardless of the setting. An unacceptable form of punishment in public would be repetitive spanking or yelling. 

Victimization

Statutes in Minnesota:

Subd. 2.Use of minor.

 

It is unlawful for a person to promote, employ, use or permit a minor to engage in or assist others to engage minors in posing or modeling alone or with others in any sexual performance or pornographic work if the person knows or has reason to know that the conduct intended is a sexual performance or a pornographic work.

Any person who violates this subdivision is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000 for the first offense and $40,000 for a second or subsequent offense, or both.

Subd. 3.Operation or ownership of business.

 

A person who owns or operates a business in which a pornographic work, as defined in this section, is disseminated to an adult or a minor or is reproduced, and who knows the content and character of the pornographic work disseminated or reproduced, is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or to payment of a fine of not more than $20,000 for the first offense and $40,000 for a second or subsequent offense, or both.

Subd. 4.Dissemination.

 

A person who, knowing or with reason to know its content and character, disseminates for profit to an adult or a minor a pornographic work, as defined in this section, is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or to payment of a fine of not more than $20,000 for the first offense and $40,000 for a second or subsequent offense, or both.

Sexting in Minnesota:

Sexting is the act of sending sexually explicit messages or photographs, primarily between mobile phones.

Minnesota does not have a separate statute for sexting crimes. In the State of Minnesota anyone (including a minor) who creates, distributes or possesses an image of minor engaged in sexually explicit conduct may be prosecuted under the State’s child pornography laws and, if convicted, will generally receive jail time and need to register as a sex offender.

I do not believe sexting should be punished. I do not feel there is an appropriate way to monitor or distinguish between what is acceptable and not acceptable when sending pictures to others. That is a personal choice and people should learn to deal with the consequences of their actions if the picture is published. 

Victimization in Minnesota

Mona and Russell Hauer, both 44, of North Mankato, Minn., were charged with child endangerment and malicious punishment of a child for allegedly starving the 8-year-old boy. The Hauers were charged with four other felonies. The Minnesota couple allegedly starved their 8-year-old adopted son so severely that he weighed only 35 pounds when he was taken to a hospital in a cruel case of child abuse. The couple allegedly had the adopted boy on a liquid diet and punished him by refusing to provide him with food. When the boy was examined, doctors found that his bones were protruding, his brain atrophied and he had a slow heartbeat. The Hauers have three other children who were allowed to eat regular food. Prosecutors said the children were homeschooled and rarely saw doctors. The adopted 8-year-old is being treated for malnutrition and an eating disorder. The three other children, who are the biological kids of the Hauers, also claimed to be abused. The children claimed their parents hit them with 2-by-4s or a broom handled, but they said their adopted brother was always punished the worst. The adopted 8-year-old is being treated for malnutrition and an eating disorder, the news outlet reported. 

http://www.ibtimes.com/adopted-son-starved-minnesota-couple-faces-child-abuse-charges-son-weighs-only-35-pounds-860878#

Child Victimization in the Media

Gardens of the Night is a film is a film about a teenage boy and girl, after being abducted as children, and suffering years of abuse, they find themselves living on the street.

"Concrete Angel" is a song by Martina Mcbride, centering around a main theme of child abuse and in a different context, bullying. The narrator tells a story about 7-year-old Angela Carter. Near the end, her mother beats Angela to death. Some people, such as Angela's teacher, notice signs of abuse but attempt to ignore them.

Murder in Minnesota

Murder & Homicide...what's the difference? 

The easiest way to describe the differences between murder and homicide is that homicide is the killing of another human being, while murder requires the intent to kill another human being. Homicide can be used to describe any death where another person is at fault, but there are mitigating circumstances that can influence the charge of homicide. When someone is convicted of murder, however, they are not only convicted of a homicide, but also the malicious intent to kill.

Categories of Murder/Homicide:

The main determiner in degrees is how much malicious intent motivated the action.

First degree is the most serious, because it indicates that a person calmly decided to kill another person, decided how to do it, and carried out their murderous plan. These are your intentional murders, especially where the killer lies in wait or plots to kill.

Second degree is less intentional, but it is intentional nonetheless. These can include unforeseen brawls where someone pulls a weapon, where a spouse comes home to find their partner being unfaithful, or where an ordinarily peaceful person is provoked to suddenly lash out.

Third degree usually includes killing that is basically unintentional but that is so negligent that society punishes it. This could include something like a driver who speeds recklessly, loses control, and kills someone else on the roadway; the driver did not intend to kill anyone and probably did not even know the victim, but he was intentionally neglecting laws that are meant to keep people safe on the roadways and caused a death through that law-breaking negligence.

Murder in the News:

64-year-old Byron David Smith was charged with 2 counts of second-degree murder after shooting and killing 2 teenage cousin, Haile Kifer and Nicholas Brady, when they broke into his house on Thanksgiving Day. Smith says this is the ninth burglary of his home. Smith said he was in the basement of his home about 10 miles southwest of Little Falls when he heard a window breaking upstairs, followed by footsteps that eventually approached the basement stairwell. Fearful after several break-ins, Smith said he fired when Brady came into view from the waist down. After he fell down the stairs, Smith shot him again in the face. He then dragged Brady's body into his workshop, then sat down and waited for Kifer. Once he could see her waist at the top of the basement stairs, he shot her and she fell down the stairs. Once she laid at his feet, he attempted to shoot her again but his gun jammed and she laughed at him. "Smith stated that it was not a very long laugh because she was already hurting," according to the complaint. He then shot her multiple times in the chest with his .22-caliber revolver then  dragged her over to her cousin and shot her one final time under the chin. The following day he asked a neighbor to recommend a good lawyer, according to the complaint. He later asked his neighbor to call the police. Minnesota law allows a homeowner to use deadly force on an intruder if a reasonable person would fear they're in danger of harm. Smith told investigators he was afraid the intruders might have a weapon. The article includes a quote from the executive director of the Minnesota Chiefs of Police Association who believed this was more of an execution than a murder. Many people believe that Smith did not need to perform these acts because he should not be in fear for his life but he states he was afraid they may have had weapons. His bond was set at $2 million. The article portrays the murder in a very graphic, blunt nature. 

http://usnews.nbcnews.com/_news/2012/11/26/15458995-minnesota-man-who-killed-teens-in-break-in-charged-with-murder?lite

Murder in the Media

The Silence of the Lambs is a 1991 film about a young FBI cadet must confide in an incarcerated and manipulative killer to receive his help on catching another serial killer who skins his victims.

"Smooth Criminal" is a song by Michael Jackson about a woman named Annie, who has been attacked in her apartment by a "smooth" assailant.

Mob Violence in Minnesota

Mob Violence

Mob violence is a disturbance of the peace by several persons, assembled and acting with a common intent in executing a lawful or unlawful enterprise in a violent and turbulent manner. 2 examples of mob violence are riots and and lynchings. Mob violence exists because it enables those who are scared or unwilling to commit violence independently a way to because their conscious disappears and is replaced by a collective mind. The focus of the crowd converges on a common element as emotions strengthen.

Mob Violence in Minnesota

On a Saturday night in 2009 at the University of Minnesota’s Spring Jam block party, it turned from just that to a violent mob late in the night. It began at 9am and at around 5pm, student began tearing down street signs and trees to ignite an oversized bonfire. Around 8pm, people started jumping on cars, rode in shopping carts and chanted around the fires as the evening progressed. Partygoers attempted to flip cars sporadically through the evening and harassed drivers attempting to navigate through the area. About 70 officers, many dressed in riot gear, were at the scene over the course of the night. They used various chemical irritants, including tear gas and mace, as well as riot sticks and projectiles, such as foam and marking rounds, for crowd control. At 1am it began to rain and the crowd finally dispersed. 12 arrests were made. The University of Minnesota was extremely upset and embarrassed of the situation stating, “This kind of conduct is not reflective of our student body or the University of Minnesota community”.  The neighbors in the area where the mob took place seem to be the victims since they were disturbed by the damage and noise. The offenders are the students involved in the mob and public disturbance.

http://www.mndaily.com/2009/04/27/students-riot-dinkytown

Mob Violence in the Media

"Riot: Real Life Stories Behind the Devastating L.A. Riots of '92" (1997)

This film looked at the Los Angeles riots of 1992 that were partially inspired by the treatment Rodney King received at the hands of the Los Angeles Police Department. The rest of the nation was shocked when rioters were caught on film looting stores and cavalierly walking out with stolen items. Directors Alex Munoz and David Johnson tried to show the desperation and hopelessness that the rioters felt as they chose to participate in their lawless activity.

"Riot" is the fourth single from the album One-X by Three Days Grace. This song is about protesting against the negative things in life, and was inspired by vocalist Adam Gontier's anger when he was in rehab for OxyContin addiction.

Rape/Sexual Assault in Minnesota

-Total State Population- 5,344,861

-Rape Incidents Reported- 1,664

Minnesota Statute of Limitations:

For the following offenses, if victim was under 18 at the time of commission of the offense, within the later of nine years after commission of the offense or within three years after the offense was reported to law enforcement authorities:

·      Criminal sexual conduct in the first degree (§ 609.342)

·      Criminal sexual conduct in the second degree (§ 609.343)

·      Criminal sexual conduct in the third degree (§ 609.344)

·      Criminal sexual conduct in the fourth degree (§ 609.345)

For all other violations, within three years after commission of the offense

Minnesota Rape Law

Sexual acts with someone under 16 years of age are illegal, with the following exceptions:

·      If the victim is less than 13 years of age and the defendant is no more than 3 years older than the victim

·      If the victim is at least 13 years of age and the defendant is no more than 2 years older than the victim

Offense	Definition
4th degree criminal sexual conduct	-Engaging in sexual contact with someone less than 13 years of age where the defendant is no more than 3 years older than the victim. -Engaging in sexual contact with someone at least 13 years of age and less than 16 years of age where the defendant is more than 4 years older than the victim.
3rd degree criminal sexual conduct	-Engaging in sexual penetration with someone less than 13 years of age where the defendant is no more than 3 years older than the victim. -Engaging in sexual penetration with someone at least 13 years of age less and than 16 years of age where the defendant is more than 2 years older than the victim.
2nd degree criminal sexual conduct	Engaging in sexual contact with someone less than 13 years of age where the defendant is more than 3 years older than the victim.
1st degree criminal sexual conduct	Engaging in sexual penetration with someone less than 13 years of age where the defendant is more than 3 years older than the victim.

First-degree offenders may serve up to 30 years in prison.

Second-degree offenders may serve up to 15 years in prison.

Minnesota Rape in the News

After some afternoon drinking, on Nov. 17, 2011, a 14-year-old girl was driven to an abandoned house and raped by members of the True Blood 22 gang. 9 Asian men were involved and one of the defendants told police at least two men raped the girl, according to the complaint. It was not until the lookout yelled “Cops!” that she was able to escape when all the members ran. According to certain members of this gang, their intent all along was to get the 14-year-old drunk then rape her.  24-year-old Mang Yang is charged along with four other men, ages 18 to 37. Four male minors, ages 15 to 17, also are charged. They each face four counts: aiding and abetting first-degree sexual conduct, conspiracy to commit first-degree sexual conduct, kidnapping someone under age 16, and committing a crime for the benefit of a gang. All nine defendants are suspected gang members or associates. Yang and three of the other adults charged made their initial court appearances Friday and were appointed public defenders. The victim is receiving care.

http://minnesota.cbslocal.com/2012/03/23/9-charged-in-rape-of-14-year-old-girl-in-st-paul/

Rape in the Media

Monster is a 2003 film based on the life of Aileen Wuornos, a Daytona Beach prostitute who became a serial killer. It is based on facts and shows that it doesn't matter what profession you are in or what you were doing up until the actual act, but shows the rawness of the actual act. It also shows what happens to a rape victim. Do not confuse the event portrayed in the movie as every rape victim's response, but you can be assured that murder does cross a victim's mind.

"Date Rape" is a song by the band Sublime. Humorous in tone, the song ends with the victimizer being sent to prison and being humiliatingly anally raped by a larger inmate. This song is meant to be funny and therefore isn’t a serious depiction of the actual offense.