Categories of Crime, Essay Example

This paper will cover the five general categories of crime: felonies, misdemeanors, petty offenses, treason and espionage, and inchoate offenses. For each category the history, seriousness, consequences and court proceedings distinct to each category will be explained. In this way, a detailed understanding of each category should be gained from reading this paper.

Felonies are considered to be the most serious types of crimes, and each state has different punishments for these offenses. A standard definition of a felony is any crime punishable by more than one year in prison or death for capital offenses like first-degree murder (U.S. Code Collection, 2006). Several crimes fall into the felony category some of these are: arson, burglary, illegal drug abuse/sales, grand theft, murder, rape, and fraud. Felony punishments can range in severity from probation to imprisonment to execution. They can also carry additional penalties; such as the loss of voting rights, exclusion from purchase and possession of firearms and ammunition, and ineligibility to run for or be elected to public office.

Merriam-Webster dictionary defines a misdemeanor as “a crime less serious than a felony” (Misdemeanor, 2008). Federal law describes it as an offense that may be punished summarily by fine and by imprisonment for less than a year. There are differences among the states as what constitutes a misdemeanor. Some examples of misdemeanors, depending on jurisdiction, are: petty theft, public intoxication, disorderly conduct, trespassing, and vandalism. A misdemeanor conviction carries the consequence of probation, community service, and sometimes part-time jail time.

Petty offenses, also known as infractions, fall into a sub-group of misdemeanors. Under federal law, “a petty offense is any misdemeanor, the penalty for which does not exceed imprisonment for a period of six months, a fine of not more than $5,000, or both” (Petty Offense, 1998) (Anti Essays, n.d.). Petty offenses include traffic tickets, harassment, possession of drug paraphernalia, minor in possession of alcohol, and public indecency. Since the sentence is less than six months, those accused of petty offences are not constitutionally required to have a “trial by jury” as stated in the sixth amendment .

Treason, as defined in the DOD dictionary, is a “violation of the allegiance owed to one’s sovereign or state; betrayal of one’s country” (Treason, 2008). Treason is the only crime that is specifically defined in the United States Constitution. According to U. S. Code 18 subsection 2381, a treason conviction can carry the consequence of execution or imprisonment of at least five years and a fine of at least $10,000 (U.S. Code Collection, 2006). Espionage, as defined in the DOD dictionary, is an, “Overt, covert, or clandestine activity designed to obtain information relating to the national defense with intent or reason to believe that it will be used to the injury of the United States or to the advantage of a foreign nation,” (Espionage, 2008). The risks of espionage vary; a spy breaking a host country’s laws may be deported, imprisoned, or even executed and a spy breaking their own country’s laws can be imprisoned for espionage and/or treason, or even executed.

Inchoate offenses are defined as “conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent” (Inchoate offense, 2008). Inchoate crimes are acts that imply an inclination to commit a crime even though the crime is never completed. Common law establishes three separate and distinct categories of inchoate crimes; the crimes of attempt, crimes of conspiracy, and crimes of solicitation. Over the years, there has been little addition to this category of crime with the exception of possession (as in possession of burglar tools, bomb materials, gun arsenal, etc.) Traditionally, inchoate crimes have always been considered misdemeanors, but over the years they have been merged into felonies as people have put more power in the hands of law enforcement and prosecutors to deal with problems such as organized crime, white collar crime, and drug crime. The punishments for these crimes will fall into the same category as the type of crime it will be associated with (misdemeanor or felony).

Throughout this paper the five general categories of crime have been presented. Within each category we discussed the history, seriousness, consequences and court proceedings that are associated with each category. Hopefully, a detailed understanding of each category was gained from reading this paper.

Bibliography

Anti Essays : Free Essays on Categories Of Crime. (n.d.). Retrieved from http://www.antiessays.com/free-essays/13262.html

Espionage. (2008, March 04 ). Retrieved June 17, 2008, from Department of Defense Dictionary of Military and Associated Terms: http://www.dtic.mil/doctrine/jel/new_pubs/jp1_02.pdf

Inchoate offense. (2008, June 11). Retrieved June 22, 2008, from Wapedia: http://wapedia.mobi/en/Inchoate_offense

Misdemeanor. (2008). Retrieved June 17, 2008, from Merriam-Webster Online Dictionary: http://www.merriam-webster.com/dictionary/misdemeanor

Petty Offense. (1998). Retrieved June 17, 2008, from American Law Encyclopedia Vol 7 : http://law.jrank.org/pages/9201/Petty-Offense.html

Treason. (2008, March 04). Retrieved June 17, 2008, from Department of Defense Dictionary of Military and Associated Terms: http://www.dtic.mil/doctrine/jel/new_pubs/jp1_02.pdf

U.S. Code Collection. (2006, January 2). Retrieved June 17, 2008, from Cornell University Law School Legal Information Institute: http://www.law.cornell.edu/uscode/18/usc_sup_01_18_10_I_20_115.html