The Nature of Assault
Joshua Stein uses William Blackstone’s idea of bringing certain crimes to public light as a reason for the change in how crimes like assault were handled in a new century. Blackstone argued that by publicly punishing crimes like assault through means like trials, that it would discourage disorder amongst the people.(Stein J. Privatizing Violence: A Transformation in the Jurisprudence of Assault. Law and History Review. 2012;30(2):423-448.) These ideas can be seen as the way assault is punished changed from caring about the public perception of the punishment and more towards the punishment of the individual carrying out the crime.
The statutes in Delaware both emphasize assault in the areas of intent to murder and intent to rob. Both actions carry their own penalties to be carried out by Judges. Having these statutes spelled out by lawmakers shows the concern to protect the individuals these crimes were performed upon as well as protecting the goods of an individual if an intent to rob was found.
Statutes in place in 1900
- Assault with intent to murder. Sec. 6. If any person shall, with violence, assault another with intent to commit murder, he shall be deemed guilty of felony, and shall be fined not less than five hundred nor more than one thousand dollars, shall stand one hour in the pillory, shall be imprisoned, not exceeding five years.
- Assault with intent to rob. Sec. 15. If any person shall, with violence, assault another with intent to commit robbery, he shall be deemed guilty of felony, and shall be fined not exceeding three hundred dollars, and imprisoned for not more than three years.
- Assaults, batteries, nuisances, etc. Sec. 18. Assaults, batteries, nuisances, and all other offences indictable at common law, and not specially provided for by statutes, shall be deemed misdemeanors, and shall be punishable by fine and imprisonment, or either, according to the discretion of the court.
Statutes in place in 1920
- Sec. 6. Assault with Intent to Murder; Penalty:--- Whoever shall, with violence, assault another with intent to commit murder, shall be deemed guilty of felony, and shall be fined not less than five hundred nor more than one thousand dollars, and shall be imprisoned not exceeding twenty years.
- Sec. 21. Assault with Intent to Rob; Penalty:--- If any person shall, with violence, assault another with intent to commit robbery, he shall be deemed guilty of felony, and shall be fined not exceeding three hundred dollars, and imprisoned for not more than three years.
The stories featured below showcase the view of an assault with an intent to murder and how they are reported. The Evening Journal goes into detail with how the crime was carried out when it comes to reporting about the intent to murder.