Give Me a Low Five - Research Paper Example

? Give Me a Low Five (First & Last) CRJ201: Introduction to Criminal Justice Lynn Dorey Give Me a Low Five Most have heard of a top ten list, but how about a low five list? That is what we can consider the five general categories of crime, which, in rank from the least serious, are 1) offenses, 2) misdemeanors, 3) inchoate offenses, 4) felonies, and 5) treason and espionage. Virtually any criminal crime one can think of will fall under one of these categories, and to understand their significance and role in criminal law, an ensuing in-depth examination of each will take place. Let us first explore crimes known as offenses. These acts of indiscretion, also known as infractions, carry the lowest degree of penalties, often issued in the form of tickets with relatively low fines. Minor violations in this category today are parking violations, jaywalking, speeding tickets, and littering, and about a millennia ago, when common law as we know it was in its early stages in England, trivial offenses in this category were handled by the English Court of Common Pleas ? that handled petty cases on which the king did not want to waste his time (Baker, 2002). Itinerant judges traveling between towns would try such minor crimes at various circuits, hence the term, “common law.” Today, these lower crimes, usually called summary offenses, “are often tried at the lowest level of the judicial system, usually before a district magistrate or justice of the peace, and often use a streamlined procedure,” (Davenport, 2008, p. 9). If convicted, one can receive a prison sentence, usually under 90 days, and can expect to pay a fine, as well. Such cases are typically devoid of the safeguards – like a jury trial ?extended to those charged with greater crimes, (Ibid.). Misdemeanors are slightly more serious than offenses, and were considered one of the three original basic crimes under English common law centuries ago. Bribery, perjury, forgery and conspiracy, and assault and battery were the primary misdemeanors under common law, (Donohue, 2007). In these formative days of new English law under Henry II, anyone who was charged with a misdemeanor was entitled to three things: a written copy of the accusation, a lawyer, and a jury, (History of Criminal Law). Crimes falling under the banner of misdemeanor today include falsifying crime reports, driving under the influence, and disorderly conduct. Those convicted can be sentenced to up to a year in prison, but a penalty of a fine or probation is more likely (Ibid.). Misdemeanors are usually tried in local city or county courts with an arraignment charging the violator being scheduled within 15 days ? this is followed by a pre-trial hearing to set the case status; then a possible motions hearing to withhold physical evidence so that the case can be dismissed might be slated; and next is the trial, including jury selection and instructions, open statements, examination of witnesses, closing statements, and the verdict; while the last stage of being tried is usually the sentencing hearing, where fines (usually up to $5,000 and/or jail time up to one year) are issued (The Misdemeanor Criminal Process). Inchoate (or incomplete) crimes are offenses that have not yet been completed. Such crimes were traditionally considered misdemeanors, but today, they are viewed closer to felonies in severity and scope (Robinson, Gaeta, Majarian, Schultz, & Douglas, 2010). Back under common law centuries ago, the three subdivisions of inchoate crimes of conspiracy, attempt, and solicitation were devised in order to stem actual crimes before they came to fruition (Stevens, 2003). Conspiracy, the most publicized of the three, consists of an arrangement by one or more persons to commit a criminal act, where an obvious attempt to move forward in the crime has been witnessed. A person committing this offense may be tried in any county that is considered to be an element of the offense, and the doctrine of inchoate crimes must be applied during the trial, which calls for four things: 1) the conspirator must be charged with both the inchoate and choate offense, 2) the penalty should equal that of the completed crime, even though mitigated penalties should be levied for inchoate offenses, 3) specific intent should be demonstrated, and 4) an overt step to carry out the criminal act should have been witnessed, (Stevens, 2003). Those convicted of inchoate crimes suffer varying consequences, contingent upon the crime in which they set out to commit, as “A person who conspires to commit a felony may be charged with felony murder if his accomplice committed the murder,” (Davenport, 2008, p. 102). The next category is felonies, which is another one of the three original crimes of common law. This crime was originally broken down into two segments: those with benefit of clergy and those without, and capital punishment was issued to all felons, except for those condemned of mayhem – who received mutilation, (History of criminal law). However, capital punishment in England over the centuries for felonies such as murder has been rooted in its Judeo-Christian heritage, “Whoever sheds the blood of man, by man shall his blood be shed; for in the image of God has God made man,” (Genesis 9:6, New International Version). When convicted, the felon would lose all of his land to the king, yet tried clergy could not be sentenced to death – as they were assigned to the Church’s court ? but the king eventually gained more power and tried over all cases, though he still could not put a clergy member to death. Felonies still remain serious crimes today, such as arson, rape, murder, and aggravated assault – which are punishable by death or at least a year in prison. These crimes are tried through a long process, beginning with an arraignment and followed by a bail review; a disposition conference; a preliminary hearing; a trial court arraignment; a pretrial readiness conference; motion hearings; and finally, the trial ? consisting of jury questioning, opening statements, presentation of the evidence, the closing argument, the verdict, and then sentencing (Tababian, 2011). Finally, the most serious felonies of all – treason and espionage – are crimes that are done against one’s country. Treason was one of the three original basic crimes of English common law, which had two subdivisions: high treason (disloyalty to one’s government) and petty treason (the betrayal of a superior by his subordinate), (Hale, 1847). In the United Kingdom, high treason took the form of spying against one’s government of military for a hostile foreign entity, engaging in war against one’s nation, or trying to overthrow one’s government, as well as counterfeiting (until the 1800s), while petty treason included crimes such as a woman murdering her husband, a clergyman killing his prelate, or a servant killing his master or mistress, (Ibid.). Espionage, even though it is similar to treason, can be charged to noncitizens, and this offense is consists of gathering, transmitting, or losing information pertaining to national defense that could give an advantage to an enemy, (Schmallenger, 2011). Espionage is a federal crime that can be tried as a capital offense and receive the death penalty. Both treason and espionage are considered the most serious of felonies and their actual penalties vary according to the specific offense; and they follow similar trial proceedings as the other serious aforementioned felony charges ? but these are always conducted in federal court, as these offenses are committed against the government, not individuals or organizations. In order to get a working knowledge of the criminal justice system of the United States, one must first understand the five general categories of crimes: felonies, misdemeanors, offenses, treason and espionage, and inchoate offenses. Getting a firm grasp of the defining characteristics, ranking in terms of seriousness, penalties for convictions, trial proceedings, and history of each is essential if one desires to see under which umbrella various crimes fall. From the most insignificant offense of jaywalking to committing treason or espionage against the federal government, there are specific consequences for each act of indiscretion. But regardless of the seriousness of the crime, this low five list is one of which you will want to stay off. References Baker, J. H. (2002). An Introduction to English Legal History. London: Butterworths. Barker, K. (Ed.). (1995). The NIV study Bible. Grand Rapids, MI: Zondervan Publishing House. Boehl, K. E. (2011). The misdemeanor criminal process. Avvo: Doctors, Lawyers, Ratings, Answers. Retrieved from http://www.avvo.com/legal-guides/ugc/the-misdemeanor-criminal-process. Davenport, A. (2008). Basic criminal law: The Constitution, procedure, and crimes, (2nd Ed.), Boston, MA: Pearson Learning Solutions. Donohue, L. K. (2007). Terrorism and trial by jury: The vices and virtues of British and American Criminal Law. Stanford Law Review, 59 (5), 1321-1364. Hale, M. (1847). The history of the pleas of the crown, (Vol. II). Philadelphia, PA: U.S. Congress. History of Criminal Law. (2009). California-criminal-law.com. Retrieved from http://www.california-criminal-law.com/history.html. Robinson, P. H., Gaeta, T., Majarian, M., Schultz, M., & Weck, D. M. (2010). The modern irrationalities of American criminal codes: An empirical study of offense grading. The Journal of Criminal Law and Criminology, 100 (3), 709-764. Schmalleger, F. (2011). Criminal justice today: An introductory text for the 21st century (11th Ed.), Upper Saddle River, NJ: Pearson Prentice Hall. Stevens, M. (2003). Incomplete (inchoate) crimes. Military Law Associates. California State University. Retrieved from http://faculty.ncwc.edu/mstevens/default.htm. Tababian, S. (2011). The felony case process. Avvo: Doctors, Lawyers, Ratings, Answers. Retrieved from http://www.avvo.com/legal-guides/ugc/felony-case-process. Read More