Felony Defense in the United States of America - Essay Example

Unit Felony defense in the United s of America. America is the world’s biggest democracy and as such the rule of lawis ensured through the supremacy of the constitution. The constitution rules through enacted laws, statutes and other regulations. These rules guide the way affairs are run daily and also ensure a peaceful American society. Federal laws are supreme in the united state as is the constitution but also state laws are important in function. Therefore in every state crimes are categorized depending on how serious they are, cause of the crime as well as their social implications. Three broad classes of crimes are recognized; these are misdemeanor, infractions and felonies. These distinctions and classifications of criminal activities come from the work done by legislators. Criterion behind these classifications usually encompasses very many issues related to the society. These include social aspects such as the effects of the crimes to victims & the entire society and how serious the crimes are. In order of gravity infractions are ranked as the least serious whereas felonies are considered with a lot of seriousness. Crimes falling in the class of infractions are also termed as pretty offenses and as such attract little fines. This is because they don’t result into probationary action or jail terms. A perfect example for an infraction is giving speed tickets to persons found guilty of minor offenses. Dau-Schmidt (1990) refers to misdemeanors as the kind of offenses which call for severe punishments such as jail terms, heavy fines, probation, restitution and community service. Offenders who commit misdemeanors have a right to be tried by juries and this calls for legal representation which is footed by the government. There is further classification in this category of crimes based on class or degree with those serious ones being termed gross misdemeanors. The class of offenses referred to as felonies is by far the most serious one; typically there is the threat of harm which can be physical. Additionally they can include fraud schemes and other white-collar offenses. It is worth noting that offender who repeat misdemeanors may lead to their trials being elevated to felonies category thus calling for more severe punishments. The degree/class of felony committed is important in influencing the kind of punishment issued. Punishment can range from one year imprisonment in the case of lower degree felonies to life imprisonment with no possible parole if the crimes are more serious. Murder which is the most serious felony can warrant a death sentence as is the case in some states. Therefore felonies as defined by state and federal laws, are those offenses punishable by jail terms in a excess of a year and also the death sentence (Dau-Schimdt, 1990). Felonies were referred to by early common laws as crimes involving moral decadence; they grossly violate existing social and moral values. With time other types of crimes were included in the class of felonies which do not involve moral decay. In many states felonies are listed with measures commensurate to the gravity they come with. Treason, burglary, rape, kidnap, arson, evading tax payment and murder are crimes in the class of felonies. Persons charged with committing felonies are termed felons and the crimes can either be violent or not violent characteristically. Crimes may either be classified as misdemeanors or felonies based on the context prevailing. Common law recognizes four major classes of felonies i.e. first degree principals, second degree principals, accessories before the fact and accessories after the fact. The first degree principals are those persons found to have actually committed the actions/ acts in of crime in question (Chapin, 1989) whereas second degree principals (abettors/aiders) are persons charged for having been present at the crime of scene. Accessories before the act on other hand are those persons who assist principal(s) before they commit the eventual criminal act. Finally accessories after the act are persons who are found liable for aiding principals after they have committed a criminal activity. As is the case in many national laws and constitutions all the felony forms are and remain to be serious crimes. But according to Fletcher (2000) there are concerns about proportionality when it comes to punishments imposed and how they fit committed crimes. The vital standards employed in measuring how serious the offenses are include; the number of attempts at committing the offense-this enables a quantitative estimation and thus comparison of the effects of an offense on the direct victims as well as the entire society. In different states the classifications forms of crime which correspond vary and this is usually determined by the legislature of the day. Legislature as a state body also plays a crucial role determining the maximum allowed punishment that can be imposed to any class of felonies. The result of this is important to the judicial system as it removes necessity for definition of specific sentences for all types of crime. Different states classify felonies in their own ways for instance the state of New York classifies them using letters i.e. classes B, C, D. Some classes are broken down further into subclasses using roman numbers such A-II to A-I(which is the most serious). In Virginia State, felonies are classified using numerals; class6 is the least serious to class 1 which is the most serious. Also present are certain felony types which are not in any of the classification systems. In Massachusetts, felonies are classified as any crimes that are punishable by imposing a jail term. The mentioned examples are just but a few to show how varying the classification of felonies is in different states but an underlying factor is the seriousness of the particular case. Prevailing legislations in America are largely anchored on common law as is illustration in the laws of Britain. Initial harsh felony laws were actually passed from Britain to the United States as the America was a colony. However, one of the first fruits of independence for Americans was the reforming of the laws which were extremely harsh. This should not be understood to imply that consequences of such sentence have no effect on the persons even on ending the prison terms. The truth is that people who are convicted as felons can actually face life-long legal consequence since the branding and designation, ‘a convicted felon’ is a permanent one and does not go away. It is not usually possible to put it aside, even on probation, being released early/parole, or even completing the imposed term in jail. It is only possible to clear such a status through a successful presidential clemency by a successful appeal in court. Another reprieve for felons exists in form of successful applications for some restoration of their rights on elapsing of a certain period of time. Many states in the United States of America share a number of consequences that felons have to face (Lynch, Mona & Danner, 2007) A very serious and critical consequence that felons have to face is disenfranchisement. This explicitly allowed by the law as is in Fourteenth Amendment of the American constitution. Other consequences include inadmissibility when it comes to serving as juries, ineligibility to any type of state welfare or aid and deportation in the case of non citizens of America. Convicted felons may also be denied permission to buy and own firearms, body armor and ammunition. They may also be deprived of the right to obtain certain licenses such as for professional practice, visas and many other important documents. These documents are extremely important to the operations of individuals in some professional vocations and thus denial to obtain them is punishment enough to deter others from committing similar felonies. There are also various rental and job applications which require identification and a criminal record may deny the applicant an opportunity. Thus the consequences that one may be faced with for having committed a felony have far reaching implications and as such serve the important goal of deterrence. It is therefore overtly evident that felons may and actually do suffer serious consequences which include lack of decent housing and job opportunities occasioned by discrimination which is legally permitted. Banking services can also be denied to felons by banks and other financial institutions despite some states viewing it as enough ground for divorce without contest. One commonly accepted requirement for parole is for the individual to stop associating with other persons convicted for felony offenses. However, some neighborhoods may have very high conviction rates thus making the individuals to continually live in a state of fear as they may be rearrested for violating the parole requirement (Chapin, 1989). This can be quite challenging to the individual as they have to avoid associating with felons yet the neighborhood produces many felons thus one can be thought to still associate with them. All the same the requirement sets high standards to parole beneficiaries which makes them to try as much as possible and avoid repeat felony while the many consequences faced by felons serve to deter repeat crimes as well as bar other people from committing crime. Criminal offenses categorized as felonies vary in terms of gravity and this has a bearing the decision process when it comes to imposing of sentences. The cases demand that there be a trial judge, a state prosecutor from the district attorney’s office and a defense counsel. Subject to the established laws of states, federal laws as well as common international laws, a person or people can be found either innocent or guilty of committing felony (Philips, 1960). This is critical when judges sit down to make the financial, though there is an option for appealing in a higher court. An important point to be noted is that typical felony crimes vary thus resulting into different sentences which depend on how serious the offense committed. Homicide or murder and rape are some of the most serious felonies in most state laws. Other crimes considered serious in the category include violating the rights of the child, trafficking of drugs, money laundering, burglary, assault, illegal possession of firearms such as guns, use of children in pornographic activities. These types of crimes attract very serious measures more especially in cases of conviction. The punishment for these criminal activities varies from place to place the variations depend on many reasons some of which include; if the felon has a prior history of conviction and why he/she was convicted, current aggravating or mitigating conditions for the case and how severe was the harm caused by the felony committed on victims as well as the general American public. Also prevailing attitudes from both the courts/jurists and the general society towards the particular criminal activity, if there was or there was no weapon during the crime event and more importantly if the felon in question has a parole or serves a probation ( Philips, 1960). Crimes categorized as felonies may also result into civil liabilities; this mostly depends on the gravity of the committed crime. In case the suit a felon faces is presented privately then, the felon may be held to account for the victims’ predicament and thus may be required to compensate the victim or victims in the case. This particularly applies in cases where physical injuries were inflicted on the victims, emotional trauma was cased as well as discomfort and pain was suffered by the victim. It also can apply if the victims had to lose work time or directly incur medical expenses from their own pockets as a result of events due to the crime. If a person is given felony charges, then it is their responsibility to seek legal advice from an attorney with the objective of understanding their own rights. They should also ensure to be adequately acquainted with available chances of defense and the legal issues surrounding the case which are often complex. On the other hand individuals or groups of persons who suffer (fall victim) felony are dictated by procedure to immediately contact and report the matter with police. If the police find that sufficient evidence exists then the police proceed to escalate the case to the office of the District Attorney in the state. At this point the case can be forwarded with sole aim of prosecuting individuals or groups of persons who hold liability for having committed the felony (Dau-Schmidt, 1990). The persons affected in the case (victims) have the option to push for compensation in monetary terms against the accused felon more especially where the criminals are of guilty of committing the offense. The complainants therefore need to talk with personal injury attorneys on how to proceed in instituting charges for compensation. An important issue to note is that determination of sentences is usually guided by a myriad of factors around the particular case being focused on. Based on the understanding of the presiding jury as well as the district attorney’s the crime in issue can be considered as either a misdemeanor or felony. Another important factor informing whether a crime is considered felony or not is how severe it was putting in mind the circumstances prevailing at the time it was committed. Availability, amount and nature of evidence against the felon is extremely important in classifying the gravity of a criminal activity. It also goes along way influencing how severe the punishment imposed will be. Given the seriousness accompanying accusations of felony charges, the defendants have to employ the skills of very experienced defense lawyers. On open fact informing is that a more experienced lawyer is generally better as compared to less experienced ones especially in such serious case scenarios. The scenario above though important to kind of trial in question only holds true depending inner judgment ability and intelligence as well as how persuasive the defense lawyer is in the eyes of trial jurists. Further to having a qualified and experienced lawyer, the defendant also must observer many other issues. For instance he has the responsibility of not issuing any sentiments that are not informed by the attorney. This can be best achieved by one exercising his/her right of remaining silent which is in the law. The lawyer chosen apart from being skilled should also have negotiating skills. This is because on a paltry five percent of all felony cases are because of trials by juries. Many are due to plea bargains put up by the attorney for the felon. In most of these cases the defendant pleads guilty so that a more favorable treatment is accorded or the sentence reduced. The deal is agreed between the defendant and his lawyer before the case commences and it involves the DA’s office in a way. Good defense attorneys are in a position to explain possible legal considerations and implications they could have on the felons’ case. The gravity of the case and the defendant’s rights are put in mind while making decision on the move to take. One should enlist the best possible advise as pleading guilty could as well present a technical problem to the case (Lynch, Mona and Danner, 2007). Where criminal offenses are especially aggravated felonies are committed by non nationals then chances of deportation are real. This is found in section 238 of the immigration & nationality act. Such measures may have to speed up as in America’s laws of immigration, aggravated felonies are given a lot of seriousness. Further to deportation, the felons may also be prevented from acquiring immigration relief that is usually available to persons in removal proceedings (Bray, 2013). Asylum seeking is included in the above as well as removing of majority waiver which is important in applying for status. Reprieve for one on aggravated felony charges can be in the form of delaying the extradition. It is possible in the case the criminal activity does not carry particular serious gravity. Additionally one can apply for waiver as is found in section 212(h) of the I.N.A. and it is possible if the felony does not include controlled drugs & other classified substances, or if it is not dangerously violent. One can also apply U.N Convention against Torture protection that protects asylum applicants may face torture if deported back home. On completing their sentences as imposed by courts, ex-felon convicts have no right and chance to expunge their names from lists of ex-convicts. This is a very sensitive issue thus is subject to the rule of established state laws in force. Nevertheless, there can possible clemency and pardon as well as personal rights being restored. The federal law on its part has no provision for expunging of records unless the Second-Chance-Act is enacted (Bray, 2013). As such a person who is prosecuted by a federal court can only get reprieve in form of presidential pardon. It is therefore worth noting the differences in treatment and severity of the punishments that can be imposed on persons who are found to commit felonies different states of the United States as well whether offenders are prosecuted by the state laws or federal court laws. This knowledge is crucial in informing what is to be expected of the case, the options available for defendants and defense teams to explore in representing felons. This information is in important in deciding the actions to take as well as deciding which defense lawyers to nominate for adequate representation. In conclusion therefore criminal activities in the category of felonies are taken very seriously in the United States and the entire world. This is because of the serious social implications they come with and thus the requirement for stringent legal actions. Categorizing of offences in the group of felonies is mostly based on how grave the offense, the effects of the crime on victims and to the society at large. The most serious of the felonies (murder) attracts the most severe punishments which may include death in some states. Consequences of committing a felony offense can also be grave even if the convict completes the jail sentence give by the court; one may be deprive of certain privileges such licenses for professional practice, deportation for immigrants and lack of job opportunities. There exists a possibility for negotiating a less severe form of punishment whereby trial juries give the best sentences possible as per the constitution of America. In certain sceneries felonies and misdemeanors can be interchanged based on prevailing state regulations and federal law position thus impacting the outcome significantly. It becomes very difficult for one to erase the convict status once a crime has been committed as even expunging names isn’t easy. Parole, clemency and presidential pardon are possible options for reprieve but these only give relief from civil disability that may follow conviction thus they do not expunge. Works cited. 1. Bergman, P. and Berman, S.J. The Criminal Law Handbook: Know Your Rights, Survive the System. Nolo: 2013. 2. Bray, L. Non-citizens Convicted of Aggravated Felony: Defenses to Deportation. Crimes and U.S Immigration: Nolo, 2013. Retrieved at http://www.nolo.com/legal- encyclopedia/noncitizens-convicted-aggravated-felony-defenses-deportation.html 3. Chapin, B. (1989). Felony Law Reform in the Early Republic. The Pennsylvania Magazine of History and Biography; 2013, 113(2):163-183. 4. Dau-Schimidt, K. An Economic Analysis of the Criminal Law as Preference-Shaping Policy. Duke Law journal: 1990: Vol.1. 5. Fletcher, G.P. Rethinking Criminal Law. Oxford University Press: 2000. 6. Lynch, J. P., Mona, J. E. & Danner, M. J. E. Offense Seriousness Scaling: An Alternative to Scenario Methods. Journal of Quantitative Criminology: 2007: 9(3):309-322. 7. Philips, O. H. A First Book of English Law. Sweet & Maxwell: 1990. Read More