Types of Criminal Offences - Coursework Example

Types of Criminal Offences Types of Criminal offenses Criminal offences in the U.S are ified into three groups that include infractions, felonies and misdemeanors. The criminal offences are distinguishable by the gravity of the offence and the punishment that comes with the offense. Criminal offences are also classified as personal crimes and property crimes. Elected officials in offices at federal, local and state levels have the ability to pass laws that establish the behaviors that constitute a criminal offense and its corresponding punishment (Schiller, 2006). The topic selected for study is the types of offences that include prostitution, drug offences, cyber crimes, violent crimes and white-collar crimes. The topic was selected because several people do not understand the different types of crimes and punishable offences. Consequently, it is necessary to provide information about the different types of offences in order to sensitive or educate people. Criminal Offence A criminal offence refers to any action that is unlawful and punishable by state, local or federal law. It also corresponds to any unlawful or harmful act that has the potential to cause harm to a person, community or state. It is worth noting that the acts are punishable by law and forbidden (Schiller, 2006). The idea of a criminal offence is clearly defined by the laws in the country. The U.S has a catalogue of crimes called a criminal code. In addition to the catalogue, the country has comprehensive statutes that guide law enforcement agencies. A government, through its law enforcement agencies, has the ability to restrict the liberties of an individual when he or she commits a crime (Bureau of Justice Statistics 2014). In modern societies, this is achieved after a criminal procedure has been followed during investigations and trials. Once the individual has been found guilty, law enforcement agencies sentence him to her to punishments such as imprisonment, community sentence, death or life imprisonment (Schiller, 2006). According to legal provisions, a crime is a bad act in case it is accomplished with the intentions of causing undesirable outcomes. Though every crime may violate the law, not all violations may count as criminal offences. For example, breaches of private laws such as breach of contract and torts may not be punishable by federal or state law. However, they are enforceable through civil procedures. Theories Used To Understand the Different Types of Criminal Offences The theories that allow one to understand the different types of criminal offences are psychological theories of deviance and crime. These theories are spread in different psychological disciplines such as learning, psychoanalytic and control. The most effective theories for understanding the different types of criminal offences are social learning and differential association theories (Schiller, 2006). Social advances, particularly in information technology have led to the emergence of new forms of crimes. Additionally, the levels of education and academic qualifications have also complicated the nature of the different types of crimes. Classical theories state that humans are capable of free will. The understanding of humans as free willed entities leads to the approach of criminal activities as a choice between criminal and non-criminal behaviors. The probability for humans to turn to crime increases in case the rewards for criminal activities are great than the retributions for the activities. Positivist theoretical approaches to crime believe that criminal behaviors are caused by factors that function outside the realm of free will. The situation implies that biological, psychosomatic and sociological factors influence criminal behaviors. Psychological theories of criminal behaviors are positivist because they account for criminal behaviors based on outside forces. Psychoanalytic theories of criminal offences and behaviors take an indirect approach by relying on pathological processes (Schiller, 2006). The pathological processes act as platforms for the manifestation of criminal behaviors and offences. According to these theories, there are inner moral agencies that govern conduct. The development of these agencies is dependent on the need to satisfy relationships. Therefore, psychoanalytic theories explain crimes that are caused by unconscious conflicts. The theories do not explain crimes that incorporate aspects of rational goals and planning such as cyber crimes and white-collar crimes. Learning theories such as the differential association approach criminal offences based on the ideas that a modern society has conflicting structures of behaviors and norms. According to the theory, normative conflicts at individual levels are translated to individual acts such as delinquency through differential association. Individuals learn these behaviors through communication and interactions in intimate groups (Schiller, 2006). According to this theory, peer attitude and pressure has the potential to influence behavior. For example, contact between people who have criminal behaviors makes them learn behaviors through association. These people do not have to be criminals. However, they must show favorable attitudes towards criminal. Felony Felony is a serious classification of crime that is punishable by imprisonment of more than a year. It is worth noting that the offender may be imprisoned for life without parole or face execution. Personal crimes and property crimes such as rape, kidnapping, murder, armed robbery and grand theft are also felonies. The person who committed the felony and their aides can be charged for felony. In addition, people who become accessories to felonies, especially when they help a criminal to escape capture, can be charged for felony (Schiller, 2006). Most states in the U.S have different categorizations of felonies. Some of the states have set high penalties for felonies. It is vital to note that each class of felony has a maximum and minimum sentence. People convicted of felonies lose their civil right, including voting or bearing arms. In the U.S, convicted felons face long-term consequences, which persist after the end of an imprisonment. A convicted felon assumes a permanent status as a felon after the completion of a sentence, probation, parole or early release. The status is only cleared when an individual successfully appeals or is given an executive clemency. Convicted felons have a chance to apply for the restoration of some of their rights. In most of the states, convicted felons face consequences such as disenfranchisement as expressly permitted in the Fourteenth Amendment. Felons are also excluded from obtaining visas, licenses and professional licenses. Exclusion from the ability to acquire legal and professional licenses means that some vocations are off-limits to felons. Convicted felons are ineligible to serve on juries, and receive government welfare or assistance (Schiller, 2006). They are also barred from federal funded housing projects. In the U.S, it is legal to discriminate against convicted felons during hiring processes. Therefore, convicted felons face barriers in finding housing and jobs. A number of banks refuse to provide banking services to convicted felons. The restoration of these rights depends on the payment of different fees, which are associated with arrests, prison stay, processing and outstanding fees. Misdemeanor Misdemeanors refer to crimes that do not meet the severity of felonies. Misdemeanors are lesser crimes that have a maximum jail sentence of less than 12 months. The difference between a felony and a misdemeanor is the seriousness of the crime. For instance, aggravated assault such as beating someone with a rod is a felony while simple battery such as slapping someone is considered a misdemeanor. Some crimes treated as misdemeanors in court have the potential to rise to the level of felony. This is dependent on circumstances, which are determined by state procedures. For instance, the possession of an ounce of marijuana in some states is considered as a misdemeanor (Schiller, 2006). However, the possession of more than an ounce of the same substance with an intention to cause disruption is a felony. In addition, driving while under the influence of substances may be a misdemeanor. However, in case someone is killed because the driver was driving under the influence, the charge becomes a felony. Misdemeanors are classified into different classes depending on the jurisdiction. The form of punishment for the misdemeanors varies according to the classes (Massachusetts Court System, 2014). The state and federal governments in the U.S divide misdemeanors into three classes A and B. In most of the cases, Class A misdemeanors carry a maximum incarceration of 12 months. Class B misdemeanors have a jail term that should not exceed three months. In case a statute does not classify a misdemeanor, it is considered as an unclassified misdemeanor. Legislators enact these laws only when they want to impose penalties that are outside the framework of the classified class (Schiller, 2006). People who are convicted of misdemeanor are referred to as misdemeanants. Depending on the jurisdiction, misdemeanors may include prostitution, petty theft, simple assault, public intoxication, trespass, vandalism, disorderly conduct and reckless driving. In some of the jurisdictions, first time possession of drugs such as marijuana is a misdemeanor. The punishment for misdemeanors in the U.S is a maximum 12-month imprisonment. Offenders are usually imprisoned in local jails unlike convicted felons who are incarcerated in prisons. Jurisdiction such as Massachusetts is a notable exception because the maximum imprisonment for a misdemeanor is 2 years and 6 months (Massachusetts Court System, 2014)In most of the cases, people convicted of misdemeanors are punished with community service, probation, part-time imprisonment and short jail terms. Unlike convicted felons, misdemeanors do not loss their civil rights. However, they lose some of their privileges such as public offices, professional licenses and public employment. These consequences are referred to as collateral consequences of the charge. These consequences are common in case the misdemeanor is related to a privilege in question. For instance, a taxi driver may loss a driving license in case he is convicted of reckless driving. In addition, the U.S constitution states that the U.S president may be subject to impeachment and removal from office in case the Congress finds him guilty of misdemeanors and high crimes. The Congress determines the definition or categorization of high crimes. Infraction Infractions refer to crimes whose jail term does not warrant a possible sentence. Infractions are also known as petty crimes and they are mainly punishable by fines (Massachusetts Court System, 2014). Offenders can pay these fines without even going to the court. Most of the infractions are local ordinances or laws that are passed with an aim of deterring nuisance or dangerous behaviors. These include laws against speeding and anti-noise ordinances. Infractions may also include the operation of a business without proper licensing or the improper disposal of trash or garbage. Under different circumstances, an infraction can raise to the levels of a serious crime. For instance, running a stop sign is a minor infraction. However, causing injuries or damage because of not stopping for the sign is a more serious crime. It may elevate to the level of a misdemeanor. An infraction does not necessarily involve a jail term. They are violations of municipal and state laws that are considered the lowest forms of crimes in the U.S. Some of the examples of civil infractions include jaywalking, failure to wear a seatbelt, speeding tickets, littering, public disturbance and violation of building codes. In addition, there are traffic infractions that are mainly classified as traffic misdemeanors because of their potential to cause harm and injuries. The elevated infractions have effects on the status of an individual (Schiller, 2006). First time offenders are not prosecuted or fined. However, subsequent offenders face prosecutions and fines. Law enforcement agencies have an easy time proving an infraction compared to other criminal offences. In the case of a felony, the law enforcement officer must follow procedures and engage entities such as juries. The standards for infractions are low, and they only require significant preponderance of the evidence. Offenders can respond to infractions in four ways. They may admit that they are guilty and willingly pay the required fine. They may also provide an explanation to their behavior and pay the fine. Offenders may request informal hearing, which comprise of the officer and magistrates, but not attorneys. In addition, they can request court hearing and hire a lawyer. Failure to respond to the infraction in any of the four ways leads to default judgment that has the potential to negatively impact on the offender and it may lead to revocation or suspension. Failure to show up may also lead to an arrest warrant. An accumulation of unpaid civil infractions leads to possible jail time or the elevation of the crime to a misdemeanor. Conclusion The topic selected is types of offences. It provides insight into the offences and the possible punishment for the offences. In the U.S, criminal offences are categorized as felonies, infractions and misdemeanors. The seriousness of the offence determines the type of the offence. Different theories can be used to understand criminal behaviors and activities. The most effective theories for understanding criminal activities are differential association theories and social learning theories. The theories have the potential to describe criminal behaviors and the acquisition of these behaviors. Felonies are the most serious criminal offences and they are punishable by strict sentencing. Misdemeanors are not as serious as felonies. However, they are punishable by jail term and fines. Infractions are the simplest forms of crimes in the U.S. The punishments for infractions are usually fines. References Bureau of Justice Statistics. (2014). Types of Crimes. Retrieved from http://www.bjs.gov/index.cfm?ty=tp&tid=3#summary Massachusetts Court System. (2014). What is the difference between civil infractions, misdemeanors and felonies? Retrieved from http://www.mass.gov/courts/selfhelp/criminal-law/misdemeanors-felonies.html Schiller, J. (2006). Crime and Criminality. European Journal of Criminology, 6, (4). 284-310 Read More