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Examples difference between misdemeanor and felony
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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...
Released in 1989, Crimes and Misdemeanors outlines the lives of two men; Cliff Stern and Judah Rosenthal. Cliff Stern, a small time film-maker, struggles to succeed in both his career and marriage. While Judah Rosenthal, a wealthy ophthalmologist, faces moral dilemmas after having an affair with a young mistress. Judah's mistress expects him to leave his wife and when he doesn't she threatens to expose the secret relationship. Unsure Judah contemplates whether or not killing the mistress, to protect his comfortable lifestyle, is morally comprehensible. Ultimately, Judah decides to pay for the murder and gets away with it. Surrounding Judah's decision and Cliff's struggles, minor characters emerge within the plot embodying specific philosophical viewpoints. One of these characters is a professor and philosopher named Louis Levy who voices the importance of love. Shortly before committing suicide Levy says something rather ambiguous about love; "it is only we, with our capacity to love, that give meaning to an indifferent universe; and yet, most human beings seem to have the ability to...
A strong example of this would be the recent exploits at the Woodstock 99 music festival.
A juvenile is a person under the age of 18. If he or she commits an offense that is considered a crime in the law of a state, including theft, assault, drug abuse, disorderly conduct, and curfew violations, that person is labeled as a juvenile delinquent. Similarly, if a juvenile commits an offense that is considered a crime in the juvenile code, including running away from home, truancy from school, and disobeying the lawful orders of parents or legal guardians, that person is also labeled as a juvenile
A DMV hearing takes place at the DMV, not the court, and focuses on license suspension and revocation. A DMV hearing is offered to those who have been pulled over for DUI and gives that person a chance to explain the situation and the details surrounding their arrest in an effort to keep their license from being suspended or revoked. A DMV hearing is highly recommended and will better your chances when it comes to keeping your license. It shows that you care and you want to take responsibility for your actions. What the court decides and what the DMV decides about your case are two different things. The court can dismiss or lessen the charges with your case, but that doesn’t mean the DMV will do the same. You have to deal with each separately. At your DMV hearing you have the right to be represented by attorney, you can present any evidence and/or bring witnesses, cross-examine opposing witnesses, and as an entirety this is your chance to have your case be reviewed by an impartial person. You or your attorney can request any evidence that the DMV has about case. The evidence needs t...
There are seven elements of crime that define if an act is a crime. However, the definition does not detail if all seven elements must be present to consider an act a crime. In the criminal justice arena someone's actions are considered a crime if more than one element is displayed. The seven elements are listed as harm, legality, actus reus, mens rea, causation, concurrence, and punishment. When considering illegal drug use, prostitution, and gambling in relation to these seven element the following is learned.
Prosecutors are getting less and less reluctant to tag on felony charges. David Brooks is a professor Yale University and teaches criminal justice. David Brooks explains that prosecutors “have gotten a lot more aggressive in bringing felony charges,” stating that felony charges carry a longer prison sentence than misdemeanors. When a felony charge is used, the judge can give any term sentence because the “mandatory minimum” sentencing will be voided. Mandatory minimum sentences are the least amount of time that a convicted inmate must serve for his sentence. In the past, minimum sentencing laws were useful due to the fact that crime rates wer...
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.
Upon the formation of a new Nation in the late 1700s, the founding fathers of the United States put in place checks and balances to protect against an imbalance of power. One of the most powerful of those measures is the ability of the legislative branch to impeach government officials. Impeachment is rarely used, but it acts as an important “backup plan” if things go sideways in government. Allen J. Lichtman’s chapter “High Crimes and Misdemeanors” asserts through a series of explanations and examples of impeachment that it is imperative for Donald J. Trump be removed from office. He goes on to argue two critical points within the chapter: impeachment is a necessary tool of American government, and Donald Trump’s actions eerily
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 United States has always had criminals walking around the streets or locked up in an everyday life situation. Crimes are committed everyday by young children, adults, seniors, or any kind of man or woman that may look like a bad influence or others that look like innocent people walking down the streets who have never committed a crime before. Juveniles ages 7-15 should not be sentenced to life without parole for crimes they commit because it would not be fair for them to spend the rest of their lives in jail for committing a mistake. Reasons can be found on why juveniles should be left inside a cell and arguments can build up if people disagree with one another. Some adults commit crimes and are left with freedom after a satisfied amount
In 1999, youth under the age of 15 accounted for 67 percent of all juvenile arrests for arson.
There has always been alarm and despair over escalating juvenile crime. In the 1950s there were reports about the mushrooming problems with youthful gangs in the big cities. In the 1960s we began to hear about a surge of juvenile crime in areas that had been regarded as virtually crime free. In the suburbs as well as the inner cities, youngsters were dropping out of school, using drugs and committing crimes. In the 1970s and 1980s, juvenile court dockets became increasingly jammed with criminal cases. According to the Department of Justice, the percentage increases in arrests from 1985 to 1994 have been greater for juveniles than for adults. During 1994 alone, 2.7 million juveniles were arrested. During the latter part of this century, juvenile courts that customarily provided social services in order to rehabilitate rather than punish lawbreakers were faced with an onslaught of children who were not simply wayward youths, but hardened repeat offenders. The 1980s witnessed an increasingly desperate outcry for courts to take more extreme measures to contain juvenile crime, which is assuming ever more serious forms.
There are many different aspects of criminal justice policy. One in particular is the different theories of crime and how they affect the criminal justice system. The Classical School of criminology is a theory about evolving from a capital punishment type of view to more humane ways of punishing people. Positivist criminology is maintaining the control of human behavior and criminal behavior. They did this through three different categories of Biological studies, which are five methodologies of crime that were mainly focused on biological theories, Psychological theories, which contains four separate theories, and the Sociological theories, which also includes four different methods of explaining why crime exists. The last theory is about Critical criminology. Their goal was to transform society in a way that would liberate and empower subordinate groups of individuals.
According to the Florida Statutes, those who are convicted of drunk driving in the state may be fined a minimum of $500, and a maximum of $1,000, for a first time offense. For a second conviction, those fines are increased to between $1,000 and $2,000. People who have two or more DUI convictions
Crime rates, especially violent crimes such as murder, rape, and robbery, peaked around 1991 and 1992, according to the Federal Bureau of Investigation’s Uniform Crime Reports. The major crime topics of that time included drug abuse and the war on drugs, still some remnants from the crack cocaine epidemic from the late 1980s, and the increase in juvenile violence in the late 1980s. In addition to these, legislation such as the Brady Bill continued to surface as a public policy that drew attention to the issue of gun violence, and other topics tended to be emphasized by the Bush administration, such as the exclusionary rule, the death penalty, habeas corpus, and the insanity defense. Community policing developed at the grassroots level in the early 1980s, coming out of local police demonstration projects that were often funded by the National Institute of Justice and the Bureau of Justice Assistance. Community policing came about out of the rejection of traditional policing practices in the 1970s, largely as a result of various studies that found that long held assumptions in policing were found not to hold up to scrutiny. An article written by James Q. Wilson and George L. Kelling published in an edition of Atlantic Monthly in 1982 brought about the broken windows theory. This theory holds that when people no longer care about their community, the condition on that neighborhood often sends signals to people that no one cares. This allows for disorder and minor crimes to pass unnoticed, which will lead to more serious crimes. Once disorder begins to take hold and minor crimes become common, eventually the neighborhood will decay and become crime ridden. The key to fixing the broken windows is for police to target these minor crimes...