MURDER AND ASSAULT LAWS-JUDGES

You asked whether Connecticut murder and assault laws attempt to provide certain classes of victims with additional protection by imposing an enhanced penalty. You also asked how frequently judges are murdered or assaulted.

SUMMARY

Connecticut law makes a murder committed against certain classes of people a capital offense. Those classes include a (1) police officer, (2) Division of Criminal Justice inspector, (3) state marshal exercising his statutory authority, (4) judicial marshal performing his duties, (5) constable performing law enforcement duties, (6) special policeman, (7) conservation or special conservation officer appointed by the environmental protection commissioner, (8) Department of Correction (DOC) employee or service provider acting within the scope of his employment in a correctional facility and the perpetrator is an inmate, (9) firefighter; or (10) a person under age 16.

Connecticut law subjects certain people who assault a person who is under 10 years old, age 60 or older, blind, disabled, mentally retarded, or pregnant to an enhanced penalty. The enhancement is a mandatory minimum term of imprisonment that may not be suspended or reduced. The length of the mandatory term depends on the degree of the assault and ranges from one year to 10 years.

Apparently, there are no accurate records kept regarding the number of assaults on judges either in Connecticut or nationally. We conducted a literature search, and spoke with representatives from the National Center for State Courts, the National Conference of State Legislatures, and the Connecticut Judicial Department.

According to a book published by the U. S. Marshals Service, which categorizes and lists the types and frequency of attacks on the federal judiciary, 3,096 inappropriate threats and assaults were registered with the service between 1980 and 1993. Of those 3,096 threats there were 118 classified as violent. This number includes assassinations as well as assaults. There were 124 enhanced threats. An enhanced threat was an escalation of the risk of harm but is not synonymous with a life-threatening assault.

1. murders, while the victim was acting within the scope of his duties, a police officer, Division of Criminal Justice inspector, state marshal exercising his statutory authority, judicial marshal performing his duties, constable performing law enforcement duties, special policeman, conservation or special conservation officer appointed by the environmental protection commissioner, DOC employee or service provider acting within the scope of his employment in a correctional facility and the perpetrator is an inmate, or firefighter;

2. murders for pay or hires someone to murder;

3. murders and was previously convicted of intentional murder or murder while a felony was committed;

4. murders while sentenced to life imprisonment;

5. murders a kidnapped person and is the kidnapper;

6. murders while committing first-degree sexual assault;

7. murders two or more people at the same time or in the course of a single transaction; or

8. murders a person under age 16 (CGS § 53a-54b).

1. with intent to cause serious physical injury to another person, he causes such injury with a deadly weapon or a dangerous instrument; or

2. with intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such injury; or

3. under circumstances evincing an extreme indifference to human life he recklessly engages in conduct which creates a risk of death to another person, and thereby causes serious physical injury to another person; or

4. with intent to cause serious physical injury to another person and while aided by two or more other people actually present, he causes such injury to such person or to a third person; or

5. with intent to cause physical injury to another person, he causes such injury by means of the discharge of a firearm.

Assault in the first degree is a class B felony, which is punishable by a prison term of up to 20 years, a fine of up to $ 15,000, or both. But if the offender caused serious physical injury with a deadly weapon or dangerous instrument the law imposes a mandatory minimum of five years. And if the victim was under 10 years of age or a witness the law imposes a mandatory minimum sentence of 10 years.

A “serious physical injury” means physical injury that creates a substantial risk of death, or causes serious disfigurement, serious impairment of health, or serious loss or impairment of the function of any bodily organ (CGS § 53a-3(4)). A “physical injury" means impairment of physical condition or pain (CGS § 53a-3(3)).

A “deadly weapon” means any weapon, whether loaded or unloaded, from which a shot may be discharged, switchblade knife, gravity knife, billy, blackjack, bludgeon, or metal knuckles (CGS § 53a-3(6)).

A “dangerous instrument” means any instrument, article, or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury, including a vehicle and a dog that has been commanded to attack (CGS § 53a-3(7)).

A person is guilty of assault of an elderly, blind, disabled, pregnant, or mentally retarded person in the first degree, when such person commits assault in the first degree under numbers 2, 3, and 5 above and:

1. the victim is at least 60 years old, is blind, physically disabled, or is pregnant, or

This offense is a class B felony and carries a five-year mandatory minimum sentence.

1. with intent to cause serious physical injury to another person, he causes it;

2. with intent to cause physical injury to another person, he causes it with or deadly weapon or dangerous instrument other than a gun;

3. he recklessly causes serious physical injury by means of a deadly weapon or a dangerous instrument;

4. for a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical impairment or injury by administering without his consent, a drug, substance, or preparation; or

5. he is a parolee from a correctional institution and he intentionally causes physical injury to an employee or member of the Board of Pardons and Paroles.

Assault in the second degree is a class D felony, which is punishable by a sentence of up to five years in prison.

Assault of an Elderly, Blind, Disabled, Pregnant, or Mentally Retarded Person in the Second Degree CGS § 53a-60b

A person commits assault of an elderly, blind, disabled, pregnant, or mentally retarded person in the second degree when he commits assault in the second degree and:

A person commits assault in the second degree with a firearm when he commits assault in the second degree and he uses, is armed with and threatens to use, or displays or represents that he possesses a firearm.

3. with criminal negligence, he causes physical injury by means of a deadly weapon, a dangerous instrument, or an electronic defense weapon.

This offense is a class A misdemeanor, which is punishable by a prison term of up to one year, a fine of up to $ 2,000, or both. But, anyone found guilty under number 3 above must be sentenced to a term of imprisonment of one year, which may not be suspended or reduced.

MURDERS AND ASSAULTS ON JUDGES

The data for murders and assaults on judges is limited. The United States Marshals Service has collected information about inappropriate communications, threats, and attacks on federal judges. The Department of Justice, Bureau of Justice Statistics has conducted a study of workplace violence for the years 1992-96. A category of respondents in Law Enforcement was called “other. ” There is no

definition of “other” but it may include judges because the other 3 categories were law enforcement officer, prison or jail guard, and security guard. The prevalence of workplace violence was 61. 5 per 1,000 workers (6. 2%) for those respondents that classified themselves as “other. ”

The United States Marshals Service publishes a book called “Hunters and Howlers: Threats and Violence Against Federal Judicial Officials in the United States, 1789–1993” by Frederick Calhoun. This book categorizes and lists the types and frequency of attacks on the federal judiciary and may be the most thorough study of violence against judges. There were a total of 3,096 inappropriate threats and assaults against federal judges registered with the service between 1980 and 1993. Of these, 118 were classified as violent. This number includes assassinations as well as assaults. There were 124 enhanced threats. An enhanced threat was an escalation of the risk of harm but is not synonymous with a life-threatening assault.

The Administrative Office of Pennsylvania Courts conducted a study of judicial violence within its jurisdiction. This survey was conducted in 1999 and 1,029 judges responded to the survey. Twelve of the respondents reported a physical assault. All 12 judges reported assaults inside the courthouse. Two of those judges also experienced assaults outside the courthouse.

The most recent data available from the Occupational Safety and Health Administration (OSHA) shows there were 10 homicides – five by shooting and five by other means-in State Government under the heading of Justice, Public Order, and Safety Activities in 2003. This industry classification is according to the North American Industry Classification System (2002) used by the U. S. Census Bureau. This heading includes civilian courts, courts of law, and sheriffs’ offices conducting court functions only. There are no entries specific to courts.

We spoke with Peggy Rogers of the National Center of State Courts (NCSC). She recommended we examine The Annals of the American Academy of Political and Social Science, July 2001. She advised us that this was the most recent compilation of information regarding judicial violence. Unfortunately this publication did not have statistics about assaults on judges. Ms. Rogers noted that accurate reporting might have a detrimental affect on prospective jurors’ willingness to complete jury service.

The National Conference of State Legislatures (NCSL) did not have statistics on murders and assaults, but they provided a comprehensive list of all states that have death penalty statutes, which address the murder of a judge. Currently 13 states, (California, Colorado, Delaware, Indiana, New Jersey, New York, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Utah, and Washington) include judges and judicial officers as a protected class that functions as an aggravating factor when deciding whether to impose the death penalty.

The NCSL is also following proposed legislation for 2005 in New York (A. B. 3658), Virginia (H. B. 1748 – tabled 1/17/05), and West Virginia (H. B. 2176) regarding assaults on judges. Copies are enclosed.

According to Deb Fuller of the Connecticut Judicial Department, during the past 30 years at least five assaults with firearms have occurred at Connecticut courthouses. None of those assaults were directed at a judge. But one involved a defendant who grabbed a gun from a police officer and shot two other police officers, a public defender, and a deputy sheriff.


March 23, 2005		2005-R-0312
MURDER AND ASSAULT LAWS-JUDGES

By: George Coppolo, Chief Attorney Jennifer Nelson, Legislative Intern