Reference no: EM131864182

1) Topic:

Under Vermont's 1st Degree Aggravated Domestic Assault statute (13VSA1043 Section 2), a person, who is armed with a deadly weapon (e.g. a knife), may be sentenced to up to 15 years in prison for "threatening to use" that weapon on a family or household member. Under Aggravated Assault (13VSA1024 Sections a5 and c), if the same man threatened to use a knife on a stranger under the similar circumstances, he would face no more than five years in jail. Is this disparity in potential sentences justified? What is it about the involvement of a household member (Defined in 15VSA1101 Section 2) that weighs so heavily?

Is this disparity in potential sentences justified? What is it about the involvement of a household member (Defined in 15VSA1101 Section 2) that weighs so heavily?

My classmate's Response: The difference is justified by the domestic nature of the crime in question. In a dispute between two residents of the same household or members of the same family, the victim doesn't always have anywhere to go. The abuser isn't a stranger or necessarily avoidable individual, but someone close to them. This traps some victims of domestic assault and may encourage them to react to it differently from how they would normally. Essentially, the culprit often has more control in these scenarios. Therefore, the greater potential sentences are justified.

Do you feel my classmate's response is correct?

Classmate's response: The disparity between the two sentences does seem to include an emphasis on whom is being threatened, as Sabrina pointed out. Indeed most of our laws and statutes are geared towards the protection of loved ones, those of whom are women and children, household members, and persons whom we are currently involved in romantic or civil relationships with. There is also a secondary emphasis that seems written into each statute that concerns the nature of the person whom is acting in a threatening or harassing manner. For example, Vermont statute 13VSA1043 states, "has been previously convicted of aggravated domestic assault.." And, Vermont statute 13VSA1024 states, "a person found guilty of violating a provision of subdivisions (1) or (2)", relating to both the extreme indifference to the value of human life being demonstrated and the gravity of the offense. These are not conventional characteristics of family or household members... those whom we consider "Family"

A question that came up in class discussion is; "what constitutes a "family" or who is a "family member". what are your thoughts on this in regards to what or who is legally family?