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Consequences that go with crime
Quizlet criminal procedure
Consequences that go with crime
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Criminal Law, this is the law we hear most about as Americans. Since this is considered statutory it covers certain wrongs that are considered social evils and threats. To some they may seem laws against sins. There are three categories of criminal law. Petty offenses such as traffic violations, littering and loitering usually punished by a fine. Misdemeanor offenses are considered serious but major crimes such as prostitution, gambling and first time spousal abuse which are punishable by larger fines or short jail sentences or even community service. Felonies which are major crimes such as imprisonment punishes rape, murder, robbery and extortion.
Civil Law provides redress for private plaintiffs who can show in court they have been injured.
A criminal is obviously an individual who commits a crime, but what is crime? A crime is any act or omission of an act in violation of a public law. Though most laws are common throughout America, some laws are also established by local and state governments as well. Criminal laws and penalties vary from state to state. Crimes include both felonies and misdemeanors. Felonies are serious crimes like murder or rape and are punishable by imprisonment for a year or more. The consequence for felonies such as murder and treason can be the death penalty. Misdemeanors are less serious crimes like petty theft or speeding and are punishable by less than a year in prison. Fines are also punishments of both misdemeanors and felonies. The fine’s amount is determined by the seriousness of the case. However, no act is a crime unless it has been stated as such by an American law or statute.
This is where the individuals exercise their rights to seek compensations for damages or injuries. Also this is a law that is not controlled by the judges based on previous things that had happen in the past.
Misdemeanors are crimes that are typically punishable by no more than one year of local county jail time and have no more than a $1,000 fine. Misdemeanors can range from very minor to very severe. Misdemeanors are less severe Crimes that are considered misdemeanors include DUI’s, petty theft, driving with a suspended license, vandalism, prostitution, possession of drugs, not allowing an officer to search or inspect, failure to stop if law enforcement is trying to pull you over, refusing to show your license to a police officer, causing injury with a motor vehicle when driving with a suspended or revoked license, hit and run, driving in the wrong direction, drag racing, throwing an object at another vehicle on a freeway, failing to install a court ordered ignition interlock device within the 30 day grace period, and reckless driving. Misdemeanors typically proceed with an arrest, an arraignment, a pretrial and then a court or jury trial. During the arrest stage you will be taken to jail. The jail will do one of three things, either you will be let out of jail with no charges fil...
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
Many people associate the need for a criminal defense attorney with those charged with a felony. Thinking the need for legal counsel is not necessary when charged with a misdemeanor. But this is not true, and the consequences can be severe. The following are a few reasons to consider hiring a lawyer for a misdemeanor charge.
A suspect can be convicted of many different crimes, but the crimes that are the most interesting are called inchoate offenses. An inchoate offense is a type of crime done by taking a illegal step to the commission of another crime. The inchoate offenses are attempt, solicitation, and conspiracy ("Inchoate offense | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute", n.d.). Solicitation is one of bottom inchoate offenses, meaning that it does not take much for a suspect to be found guilty of solicitation. Prosecutors must be able to prove two things to be effective in convicting a suspect of solicitation ("Criminal Solicitation Law & Legal Definition", n.d.). The first thing a prosecutor must prove is that a person commands another person to commit a crime. The second thing a prosecutor must prove is that the person who is commanded to commit the crime will actual commit the crime so there will need to be a specific intent ("Criminal Solicitation Law & Legal Definition", n.d.). When being charged with solicitation the other person can be charged with conspiracy. “Conspiracy is a more serious charge than solicitation as well, so if the other person does agree, the individual soliciting the crime will likely be charged with conspiracy rather than solicitation” ("Criminal Solicitation Law & Legal Definition", n.d.).
The criminal act, also known as actus reus, means “an act in violation of the law, a guilty act”. There are many different versions of violations that may occur in result of a crime. The categories are felonies, misdemeanors, offenses, treason and espionage, and inchoate offenses. All of which hold different punishments as consequences based on the severity of the crime committed.
The Criminal Law of England and Wales "means the portion of the law of England and Wales, which deals with the components and consequences of criminal acts. The English criminal law is in large part not regulated by law, but in the tradition of common law judge-made law. The offense consists in the English law of Actus Reus and mens rea together.
For example, drinking and driving is considered breaking the law. An individual can face jail time for a DUI. For the second part of punishment, an example would be if a murder has occurred in a community, “we must only punish the person(s) who broke the law(s).”
Sex crimes include acts considered as either sexual abuse, or a non-tolerable behavior considered inappropriate to social norms. The law forbids certain sexual acts, despite expressed consent from both parties. Sex laws vary from region to region, and may evolve over time. Furthermore, sexual acts forbidden by law in a proscribed jurisdiction are coined as sex crimes.
Legal crimes are an act that violates the law in itself but is considered legal given the situation. For example; killing someone in self defense violates the law, however; murder in itself is a crime, but protecting one's life if threatening by bodily harm or injury is legal. Therefore, killing in self defense is a legal crime. Legal crimes are acts that are not harmful to another person, however; these acts are defined as crimes by society because of the influence these crimes have on those who are in authority. Legal crimes are less serious because they cause less harm, are not as frequent and are not as widespread. People who commit assault, fraud, embezzlement, vandalism, prostitution, and disorderly conduct are committing legal crimes. Legal crimes are not an obvious crime and do not have an obvious victim. However, not all crimes are reported to the police, therefore crimes are classified by the degree of harm caused, how frequent they occur, and how pervasive the crimes are throughout the country. Crimes can be distinguished by degree or severity of the crime by dividing the crimes into groups; felonies for severe crime and misdemeanors for less severe crimes. Another way to distinguish crime is between mala in se which is rape or murder or mala prohibita, which is trespassing, gambling, or prostitution. Once the public understands that the balance is the goal of "justice" the next step is to understand the difference between a natural crime and a legal crime.
What is a crime? It is an act that violates the law imposed by the government. Following a crime, if prosecuted for committing a crime the consequence will result in a penalty issued by the court of law. When convicted of a crime, there are several criminal punishments that you can face based on the seriousness of the act. The three main consequences of being declared guilty of a crime is Probation and parole, incarceration and death penalty, and fines and restitution.
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
The difference between public law and private law is that each govern two different types of individuals. Public law deals with citizens, companies, and state issues. Private law deals with contracts and obligations. This is the main difference between these two laws, but they also differentiate in the laws they obtain. For example public law has constitutional law, administrative law and criminal law. As for private law has civil law which includes contract law, law of torts and property law. Criminal law is the how the criminal is going to be punished, with either a fine of a certain amount or jail time. Tort law is similar in punishment to the criminal, but the punishment is payment to the person who was injured in the crime for injuries and damages that may have occurred.
Criminal law refers to rules and statues that define conduct prohibited by the government because it endangers society. It prohibits and punishes wrongful actions. The plaintiff is the prosecutor who files the complaint and the defendant is the individual or organization who have appeared to broken the law. The purpose is to deal with the disputes between individuals and/or organizations, in which compensation is awarded to the victim. Almost always a jury is involved, who is a group of peers determining whether or not the accused is guilty.