The term felony , in some countries of common law, is defined as a serious crime. The word comes from common law English (from the French medieval word "fÃÆ' Â © lonie"), where crime is a crime involving the confiscation of land and goods of a person convicted. Another crime is called minor infringement . Many common law countries have now abolished criminal/criminal offenses and replaced them with other differences, such as between alleged infringement and summary abuses. A crime is generally considered a crime with high seriousness, but no crime.
A person who has committed a crime is a criminal . In addition, on charges of committing a crime in court, a person is known as a convicted prisoner or a convicted . In the United States, where crime/crime differences are still widely applicable, the federal government defines crime as a crime punishable by death or imprisonment of more than one year. If sentenced exactly one year or less, it is classified as a minor crime. The actual imprisonment imposed does not affect the classification, which is based on the maximum sentence which is allowed by law. Each country may differ in that definition by using other categories, such as seriousness or context.
Similar to the crimes in some civil law countries (such as Italy and Spain) are delicts , but in other countries (like France, Belgium, and Switzerland), crime i> delicts (or dÃÆ'Â © lits) less serious. In other countries (such as Brazil and Portugal), crime and delicts are synonyms (more serious) and against contradictions (less serious).
Video Felony
Overview
Classification by subject
Felonies include but are not limited to the following:
- Murder
- Malignant attack or battery
- Forced killings (unintended killing of others)
- Cruelty to animals
- Motor vehicle killing
- Larceny
- Arson
- Theft
- Tax evasion
- Various forms of fraud
- Computer Crime Fraud and Breach (computer hack)
- Manufacture, sale, distribution or ownership with a view to distribute certain types or quantities of certain drugs
- In some states, simple ownership (ownership without the intent to distribute, for example , for personal use) of certain types of drugs, usually in quantities more than a certain quantity but any amount to some medicines in some jurisdictions (like Virginia for cocaine and heroin)
- Large theft or large theft, ie , theft or theft over the value or quantity of goods stipulated under certain laws
- Vandalism on federal property.
- Betrayal
- Rape/sexual harassment
- Kidnapping
- Obstruction of justice
- The Struggle
- Check out fraud
- Copyright infringement
- Child pornography
- Letters and wire fraud
- Forgery
- Threatens an official (police officer, judge)
- Extortion
- Extortion
Broadly, serious criminal offenses can be characterized as violent or non-violent:
- Violation of violence usually contains some element of force or threat of force against a person. Some jurisdictions classify as property-specific crimes involving the strong possibility of psychological trauma to property owners; for example, Virginia treats both general legal robberies (the disconnection and inclusion of a dwelling house at night with the intention of committing theft, assault and battery, or any crime therein) and legal plunder (violating and entering with further criminal intentions but without elements of residence or time, such as the definition applies to break-ins at any time and business and residence) as a crime.
Some violations, though similar in nature, may be a crime or minor offense depending on circumstances. For example, the illegal manufacture, distribution or possession of controlled substances can be a crime, even if small ownership may be a minor offense. The possession of a death weapon may be generally legal, but carrying the same weapon to a forbidden area such as a school can be viewed as a serious offense, regardless of whether there is intent to use weapons. In addition, drunk driving in some states may be a minor offense if the first offense, but a crime for subsequent offenses.
- "The common law divides participants into crime into four basic categories: (1) first grade headmasters, those who actually commit crimes in question, (2) second-level headmasters, aid providers and brothers are present at scenes of crime, (3) before-facts accessories, help and abortions that assisted the principal before basic criminal events occurred; and (4) accessories after the fact, those who assisted the principal after the basic criminal incident occurred, however, in the 20th century , American jurisdiction abolished the distinction between the first three categories. " Gonzales v. Duenas-Alvarez , 549 U.S. 183 (2007) (excerpt removed).
Classification with seriousness
A crime can be punished with imprisonment for two years or more or die in the most serious crimes, such as murder. Indeed, in the common law when the British and American legal systems divorced in 1776, crime was a punishable crime or the seizure of property. All criminal offenses remain a serious crime, but fears of proportionality (ie, criminal punishment) in modern times encourage legislatures to request or allow for less serious penalties, ranging from lower jail sentences to sentence change or even suspension detention depends on successful trial of a successful defendant. Standards for measuring the seriousness of violations include attempts to estimate quantitatively and compare the effects of crimes against the victims in particular or the community at large.
In some states, all or most of the crimes are incorporated into one of the various classes according to their seriousness and the potential for their punishment of conviction. The number of classifications and related crimes varies by state and is determined by the legislature. Typically, the legislature also determines the maximum penalty allowed for each crime class; doing so avoids the necessity of defining specific sentences for any possible crime. As an example:
- Virginia classifies most crimes by number, starting from Class 6 (at least 1 to 5 years in prison or up to 12 months in prison) through Class 2 (20 years for life, eg >, first-degree murder and severe harm injuries) to Class 1 (life imprisonment or death sentence, reserved for certain types of killing). Some crimes remain outside the classification system.
- The State of New York groups crimes by letter, with some classes divided into sub-classes by Roman number; class ranges from Class E (covering the lightest crimes) through Class D, C, B, and A-II to Class A-I (including the most severe).
- Massachusetts classifies crime as an offense that carries any jail time.
- Ohio classifies crime with levels ranging from first, second, third, fourth, to fifth. The first crime rate is the most serious category, while the fifth level of crime is the most serious. This is broadly the approach taken by the Model of the Criminal Code, although the Code only identifies three degrees of crime.
Maps Felony
England and Wales
History
Sir William Blackstone wrote that crime "consists of every kind of crime, which occurs in the common law of seizure of land or goods." The word felony is the feudal origin, indicating the total value of a man's property: "... a consideration that makes a man give up his wild land." Blackstone denies the misconception that crime means a crime that can be put to death, showing that not all crimes are capital, and not every serious offense is a crime. But he acknowledges that "the idea of ​​evil is strongly linked to the death penalty, which we feel is difficult to separate them, and for the use of this interpretation the law is now appropriate."
The death penalty for a crime can be avoided by appealing for the benefit of the cleric, which gradually evolves to free everyone (whether pastor or not) from the penalty for the first offense, except for high treason and explicit violations issued by law. During the reform of the penal law of the nineteenth century it gradually reduced the number of violations of capital into five (see Capital punishment in the United Kingdom) , and the seizure of crimes was abolished by the Losing Law of 1870. As a result, the distinction between crime and crime becomes increasingly arbitrary. The surviving distinction consists of different rules of evidence and procedure, and the Law Commission recommends that crimes should be eliminated altogether. This is done by the 1967 Criminal Code, which makes all serious crimes (except the plot), and introduces a new system to classify crimes as "returable" and "non-detentionable" violations (according to which the general forces of arrest are available for crimes punishable by imprisonment of five years or more).
The abusive offenses were abolished in 2006, and today's crimes are classified as violations that can be interpreted or summarized.
Prosedur
The test for the Felony Act 1836 (6 & 7 Will 4 c 114) allows the person charged with bias to be represented by a lawyer or lawyer.
Terminologi
A person charged with a crime is called a prisoner.
ireland
Under the Law of the Republic of Ireland, the distinction between crimes and offenses was abolished by section 3 of the Criminal Law 1997, in such a way that the law previously applied to minor offenses was extended to all offenses. Minister Joan Burton, introduced the bill in Seanad, said "The differences have been eroded for years and under current conditions have no real relevance.Today, for example, serious violations such as fake conversion and acquiring property under false pretenses are classified as minor relatively minor violations such as stealing a bar of chocolate are a crime. "The 1997 law, modeled on the British Criminal Law of 1967, introduces a category of" reproachable offenses "for those who have a sentence of five years or more.
The 1937 Constitution states that the parliamentary privilege, which protects Oireachtas members from arrests traveling to or from the legislature, does not apply to "treason, crimes, and breaches of peace". The 1996 Constitutional Review Group recommends replacing "crimes" with "serious crimes".
United States
The reform of serious crimes law originating in Great Britain is considered "one of the first freedoms" after the United States became independent.
In many parts of the United States, a criminal can face long-lasting legal consequences after the end of their imprisonment. Status and appointment as "criminals" are considered permanent, and are not extinguished after the completion of the sentence even if parole, trial or early exemption are granted. His status can be bold only with a successful appeal or executive pardon. However, criminals may qualify for the restoration of some rights after a certain period of time has passed.
The consequences faced by felon in most states include:
- Denial of rights (expressly authorized by the Fourteenth Amendment, as recorded by the Supreme Court)
- Exclusion from obtaining certain licenses, such as visas, or professional licenses required to operate legally (making multiple calls is not allowed for criminals)
- Exception from purchasing and possession of firearms, ammunition, and body armor
- Not eligible for jury
- Not eligible for government aid or welfare, including prohibited from federal government-funded housing
- Removal (deportation) (if not a citizen)
In addition, many job applications and rental applications inquire about the history of crime (with the exception of the Commonwealth of Massachusetts) and answer dishonestly to them may be the reason for refusing an application, or discontinuation if a lie is found after being hired. Convicted criminals may not be eligible for licensing or certain professional bonds, or may raise the cost of employer insurance.
It is widely legal to discriminate criminals in hiring decisions as well as the decision to rent housing for someone, so criminals may face barriers to finding employment and housing. Many landlords will not rent to criminals, although the blanket ban to rent to criminals may violate federal housing laws. The general term of parole is to avoid associating with other criminals. In some environments with high crime rates, this creates a situation where many criminals live with the constant threat of being arrested for violating parole. Banks may refuse to lend to criminals, and criminal convictions may prevent employment in banking or finance.
In some states, the restoration of such rights depends on the payment of various costs associated with arrest, processing and prison terms, such as remedies to victims, or extraordinary fines.
Restore Rights
The main means to restore lost civil rights as a result of a criminal conviction is executive pardon and Exploitation in the United States.
For state legal beliefs, expungement is determined by state law. Many states do not allow excommunication, regardless of its breach, although criminals may seek forgiveness and pardon, including the restoration of rights.
Federal law does not have a provision for persons convicted of a federal crime in US federal district courts to apply for their records to be deleted. Currently the only help that an individual convicted of a crime in a federal court might receive is a Presidential Pardon, which does not dispel confidence, but provides assistance from a civilian disability originating from him.
German
Felonies ( Verbrechen ) are defined as a crime that can be sentenced to a minimum of one year in prison. Misdemeanors ( Vergehen ) are all other crimes that can be imprisoned for at least less than one year or with a fine.
However, in some cases, gross violations may be sentenced to more than one year imprisonment, but the crime itself is still regarded as a minor offense. Same goes for a lighter version of a crime punishable with a jail term of less than a year.
Attempts to commit a crime can always be punished, while attempts to commit minor crimes can only be punished if specifically determined by law.
An offer of defense (VerstÃÆ'¤ndigung im Strafverfahren, known as Deal ) does not apply to crime at all.
See also
- Added crime
- Criminal law
- Discrimination against criminals in the United States
- Federal crime
- Felony's murder
- Handhabend and Backberend
- An alleged offense (equivalent to a Canadian crime)
- Violations
- Misdemeanor
- One strike, you exit
- Influenced Extortion and Organizational Corruption Act (RICO)
- The three strike laws
References
Source of the article : Wikipedia
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