Categories of Crime

Crime

The current designation of the major categories of crime in the U.S. can be traced to England following the Norman Conquest in 1066. Prior to this period the Church was the primary regulator of morality, but over time the Church began to lose control over the lives of people and the local governments began making regulations (Dworkin, 1978). After 1066 Henry II institutionalized law throughout England in order that it would be "common" to the country and he reinstated the jury system. Judges went from London across Great Britain to see cases and they would discuss cases with one another upon returning. This developed "case" law and judges used case law to decide future cases allowing the law to be "common" throughout England. Statutory law did not occur for several hundred years later. There were three basic crimes under the common law: treason (high and petty), felonies (with and without the benefit of clergy), and misdemeanors. There was also a big distinction between a felony and a misdemeanor, and this has been retained to some extent today. One charged with a misdemeanor was entitled to a written copy of the accusation, an attorney, and a special jury. Someone charged with a felony was not entitled to any of these rights (Dworkin, 1978). When the U.S. followed this general scheme states were allowed to modify the laws and at the state level, thus in some cases the situation can be variable (Gaines & Miller, 2006).

The five major categories of crime are based on their severity are:

1. Treason was actually defined as a crime in the United States Constitution to avoid misuses of common law that occurred in England. Treason consists of a U.S. citizen waging war against the U.S. Or aiding U.S. enemies. There originally had to be two witnesses for a person to be charged with treason, but under the 1917 Espionage Act the offense no longer required the testimony of two witnesses and there was a broader definition espionage. The act of treason is considered to be governed by natural laws and traitors are considered to be threats to the entire human welfare (Dworkin, 1978), thus treason is considered a very serious offence by the courts.

2. Felonies consist of serious crimes that involve serious moral culpability or a breach of duty to obey the law on the part of the offender. Most noteworthy felonies include serious crimes like murder, rape, arson, drug dealing, significant theft (theft of items of a certain monetary value), or significant fraud. As they are considered serious they are punishable by imprisonment in a federal or state penitentiary usually for substantial period of time (a year or longer) or by death (Schmalleger, 2011). There are other consequences of a felony conviction such as disenfranchisement in many states (loss of right to vote), disqualification from practicing certain professions, and of course severe social stigma or condemnation. The Model Penal Code is a statutory text which was developed in 1962 by the American Law Institute (ALI) and updated in 1981. It represents what the ALI believed to comprise the best set of rules for the U.S. penal systems regarding sentences for crimes. Not all states follow it but it does allow for four classes of felonies that include: (1) capital offenses which are punishable by death, (2) first degree felonies which are punishable by life imprisonment, (3) second degree felonies which are punishable by ten years imprisonment and, (4) third degree felonies which are punishable by five years imprisonment (Robinson & Dubber, 2010)

3. .Misdemeanors are crimes classified in the same group as a felony but are less serious and typically punishable by a fine, a term in jail of up to one year or less than one year, or both (Gaines & Miller, 2006). Therefore misdemeanors are less serious civil crimes than felonies and offenders are punished through fines or jail sentences based on the impact the crime has on society. These are tried in courts and prosecutors are required to produce as much possible evidence to prove that the civil law was violated. If the offender is found guilty, the judge rules out the punishment based on the crime's magnitude (Schmalleger, 2011).

4. Petty offenses (or offenses) are a subset of misdemeanors. The idea of petty offenses stems from the offense crimes' statute that was established during the civil war in London as a reaction to the human violations during that era. Petty offenses can be various types of offenses whose seriousness is dependent on the degree of harm done. Depending on the offense offenders can be punished via imprisonment for a period not less than twelve months. Since offenses are associated with human welfare violations prosecutors are often required to provide precise proof for the particular case. On the basis of the degree of violation of the penal laws as evidenced by the proof the court rules out the punishment to the offender (Schmalleger, 2011).