Text "2": Criminal Law
المادة الدراسية:
Criminal law
Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law differs from civil law, whose emphasis is more on dispute resolution and victim compensation than on punishment.
Objectives of criminal law
Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from a day to life. Fines also may be imposed.
Classification of Crimes
There are a variety of crimes that can be committed by individuals. Some crimes, such as murder or kidnapping, are considered serious crimes by society. Other crimes, such as speeding or trespassing, are not considered serious. Although all crimes mean a violation of the law, there's a wide range of punishments that can be imposed on a criminal.
The classification of a crime is based on the extent of punishment that can be given for committing it. The punishment is usually based on the seriousness of the crime. States may differ as to the classification of any particular crime. A crime committed in one state may be classified differently than if it was committed in another state.
v Felony Crimes
A felony is considered a serious crime. Most states and the federal government classify a crime that's punishable by more than one year in prison as a felony. Some states consider a felony as any crime that's punishable by any length of time in prison. A felony that's punishable by death is considered a capital crime.
v Misdemeanor Crimes
A misdemeanor is considered a less serious crime. Most states and the federal government classify a crime that's punishable by less than one year in prison as a misdemeanor. Some states consider a misdemeanor as any crime that's punishable only by fine or a small length of time in jail. If a misdemeanor is considered a very minor offense, such as jaywalking, the crime may be classified as a petty offense. Some common misdemeanors include: Public intoxication, Trespassing, Speeding, Prostitution, Vandalism, Use of a false ID.
Crimes against the Person
A crime against the person is a crime that's committed using direct harm or force against the victim. Usually the most serious crimes, such as murder or rape, are crimes against the person. These crimes are many times felonies because of the seriousness of harming another person. However, some lower level crimes, such as harassment or assault without a weapon, may be considered misdemeanors.
· Aggravated assault: Unlawfully attacking another person to inflict severe or aggravated bodily injury, usually accompanied by the use of a weapon or by other means likely to produce death or grave bodily harm. Attempted aggravated assault that involves the use or threat of use of a gun, knife or other weapon is included in this crime category because serious personal injury likely would result.
· Murder: Killing a human in a willful and non-negligent manner.
· Rape
· Kidnapping
· Robbery: Taking or attempting to take anything of value from a person by force or threat of force or violence.
· Runaways: States usually classify running away from home as a status offense that can be committed only by juveniles.
Crimes against Property
A crime against property is a crime that's committed by damaging or intruding on the property of the victim. Burglary and arson are two crimes against property that are normally felonies. Criminal mischief, which involves the intentional destruction of property, goes from a misdemeanor to a felony based on the value of the damage. Criminal trespass is usually classified as a misdemeanor.
· Arson: Willfully or maliciously burning or attempting to burn, with or without intent to defraud, a house, public building, motor vehicle, aircraft or personal property.
· Burglary: Unlawfully entering a structure to commit a felony or theft. Forcible entry need not have occurred.
· Larceny-theft: Unlawfully taking property from another (e.g., stealing a bicycle, stealing automobile parts, shoplifting, pickpocketing) without force, violence or fraud. Attempted larcenies are included.
· Motor vehicle theft: The theft or attempted theft of a motor vehicle.
· Forgery and counterfeiting: Forgery involves creating or altering a written document in such a way that another person’s rights are compromised. Counterfeiting occurs when a person copies or imitates an item without authorization and passes off the copy as the genuine or original thing. While counterfeiting is most often associated with money, it also can be applied to designer clothing and accessories.
Theft and Fraud Crimes
There are a wide variety of theft and fraud crimes that involve illegally taking a victim's property. Whether a theft or a fraud crime is a misdemeanor or a felony usually depends on the value of the property stolen and the method used to commit the crime. Fraud is defines as the intentional deception by one party in order to wrongfully obtain possession or control of money, goods or specific rights belonging to an innocent party. Robbery, on the other hand, is classified as a felony.
Crimes against Public Order
A crime against public order is a crime that harms the community. Some examples include disorderly conduct, public lewdness, and prostitution. Many crimes against public order are considered misdemeanors. However, if a minor child is a victim, the misdemeanor may be raised to a felony.
· Driving under the influence: Operating a motor vehicle while under the influence of alcohol or narcotics.
· Vandalism: Damaging or defacing public or private property without permission.
Drug-Related Crimes
Crimes relating to drugs involve manufacture, possession, distribution and sale. Possessing a small amount of illegal drugs will usually be classified as a misdemeanor. However, distributing and selling large amounts of illegal drugs will almost always be classified as a felony.
New Crimes
Hate crimes: Committing a crime against a person because of that person’s race, religion, ethnicity, sexual orientation or other personal characteristics.
Identity theft: Unlawfully using a person’s identifying information (e.g., Social Security number, driver’s license information, credit card number) to obtain financial gain. In May 2006, President Bush signed Executive Order 13,402 into law, authorizing the use of federal resources to combat this growing crime.
Organized crime: today, it frequently involves homegrown street gangs, but the Colombian drug-trafficking cartels continue to smuggle large quantities of drugs into the U.S. Many of these types of groups are also involved in importing undocumented immigrants into the U.S.
Terrorism: Using or threatening to use violence against civilians to achieve political or ideological goals.