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Crimes - Research Paper Example

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Crime is known to be an act or omission which is not allowed by criminal law and is usually punished by imprisonment or fine. There are two basic classes of law; there is criminal law and civil law. Criminal law is where the government prosecutes a person for an act or omission that is classified as a crime…
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Download file to see previous pages... Murder is considered the most serious violent crime and its punishment is life prison, long prison life or capital punishment (death). Different states have different laws in relation to murder but the common division is manslaughter and murder. Murder is where the killer thought and intended to kill without a justifiable reason. In this case, the killer does not have a reasonable explanation to commit the crime. Murder can also take place under the felony-murder rule. Where one in the course of committing a felony such as robbery kills somebody else, he is charged with murder although there was no initial plan or premeditation. In this case, the person acted in a dangerous way and his behavior led to the death of somebody else. The difference between manslaughter and murder therefore is in the fact that there is no premeditation in manslaughter.
Manslaughter is further divided into voluntary and involuntary categories. Voluntary manslaughter means that the intention to kill is there but it comes up suddenly due to intense emotions but it was not planned. In this case, there is no cooling off period between the action that brought the aggravation and the killing. There is no intention to kill but it happens due to carelessness or negligence. Voluntary manslaughter is not as serious as murder but it results to prison time. The only killing where the killer is released from responsibility is killing in self defense (Storing, 1981).
Crimes against Property
Crimes against property are those which involve theft without any force or threat directed towards a person. These include burglary, motor vehicle theft, larceny-theft and arson. Burglary is where one enters into somebody else's property such as a building to steal something. Lacenny-theft does not involve entry into a person's property but it is the unlawful taking of property. Embezzlement involves the changing something that was lawfully acquired to conduct unlawful activities. In embezzlement, the property must have come to the suspect's possession through a fiduciary relationship. It involves an element of breach of trust. It is necessary to prove breach of trust by showing that the property in question was handled in a manner that is not consisted with the trust arrangement. The required mental state for one to be accused of embezzlement is that there must have had been an intent to defraud and convert the property in question. Other types of crimes against property include false pretenses and receiving stolen property. In false pretenses, a person is deceived to give up his rightful ownership or possession of property with an intention of converting the property to personal use. Possession or concealing, receiving and buying of stolen property also constitute of a crime against property.
Under the crimes against property, extortion is the only intent crime. Another word for extortion is blackmail. It involves the taking of ...Download file to see next pagesRead More
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