Common Law Definition of Crime
Klotter 2004
Crime Definition Murder
unlawful killing of a human being by another human being with malice afterthough
Rape the act of having unlawful carnal knowledge by a man of a a woman, forcibly and against her will
Robbery
felonious taking of money or goods of value with intent to steal from the person of another, or in his presence, against his will, by violence or putting him in fear
Assault
unlawful offer or atttempt to injure another, iwth apparent present ability to effectuate the attempt under circumstances creating a fear of imminent peril
Battery
unlawful touching of the person of another by the aggessor or by some substance put in motion by him
Kiddnapping
foricibly detaining another against his or her will to unlawfully obtain ransom , or lawfully restraining another and forcibly moving the person imprisoned to another place
Arson
willful and malicious burining of the dwelling house or outbuilding within its curtilage
Burglary
breaking and entering the dwelling house of another in the nightime with the intent to commit a felony therein
Crime
Fight Crime
Crime in the United States is on the rise again. The FBI’s Uniform Crime Reporting (UCR) Program published its 2005 edition of Crime in the United States, a statistical compilation of offense and arrest data reported by law enforcement agencies nationwide. The FBI's final numbers for last year show violent crime was up for the first time in four years. Murders rose 3.4 percent, and the number of juveniles arrested for murder jumped nearly 20 percent.
Site Links
What are the key crime statistics?
From 2004 to 2005, the rate of violent crime, estimated at 469.2 violent offenses per 100,000 inhabitants, increased 1.3 percent.
The rate of property crime, estimated at 3,429.8 property offenses per 100,000 inhabitants, decreased 2.4 percent.
Collectively, victims of property crimes (excluding arson) lost an estimated $16.5 billion: $7.6 billion in motor vehicle thefts, $5.2 billion as a result of larceny thefts, and $3.7 billion in burglaries.
The offense of forcible rape was the only violent crime to show a decrease (1.2 percent) in estimated volume when compared with 2004 data.
Of the 14.1 million arrests made by law enforcement in 2005, drug violations accounted for more than any other offense.
What are some of the variables that affect crime?
To assess criminality and law enforcement's response from jurisdiction to jurisdiction, one must consider many variables, some of which, while having significant impact on crime, are not readily measurable or applicable pervasively among all locales. Geographic and demographic factors specific to each jurisdiction must be considered and applied if one is going to make an accurate and complete assessment of crime in that jurisdiction.
What is crime like in my city?
The biggest increase came in crime came in midsize cities, with violent crime up four times the national average. The FBI tracks the data for crime by state and city. To find out about crime in your city, click http://www.fbi.gov.
How many police are there in my neighborhood?
The FBI has compiled this information, according to state and city. You can obtain it by clicking http://www.fbi.gov.
Misdemeanors
A misdemeanor can result in a loss of privilege. One can lose public licenses and employment as a result of being convicted of a misdemeanor. The purpose of this article is to explain and answer some of the most commonly asked questions about misdemeanors.
Are DUI offences considered misdemeanors?
Sometimes, typically the first offense provided there was no accident and no one was seriously injured or killed will be classed as a misdemeanor. However, you will still face a hefty fine and possible loss of your license. Any subsequent DUI offences committed within 10 years of the first offence will be then classed as felonies. This is regardless of accident or injuries.
What are the punishments for misdemeanors?
It depends on how serious it is and what state you live in. Generally, misdemeanors are put into classes of 1 to 4. Class 1 Misdemeanors are the most serious. They carry a maximum fine of 2,500 dollars and a one year jail term. A class 2 misdemeanor carries a fine of no more than 1,000 dollars and a jail term maximum of six months. A class 3 misdemeanor is a fine no more than 500 dollars and no jail term imposed. Finally, a class 4 misdemeanor carries a maximum fine of 250 dollars with out jail.
Misdemeanors are lower class crimes than felonies. They can result in jail time but are more often punished through fines. Misdemeanors are still crimes and can follow you throughout your life. This can result in a loss of privilege or even a job.
Assault
Assault is a crime of violence. Assault is also only the threat of violence. When violence is carried out it is known as battery. Assault is usually not treated as a felony unless serious harm is done. The purpose of this article is to explain about what assault actually is and define the different types of assault. We will also answer some of the most frequently asked questions regarding assault.
What is considered assault?
In most states in America there have to be four factors present to be considered assault. There has to be an apparent and present ability to carry the act out. It has to be an unlawful attempt. There has to be intent of committing an injury, there has to be reasonable fear of bodily injury.
How is assault defined legally?
There must be intent to purposely, knowingly, or recklessly cause bodily harm to another. There can also be negligence with a deadly weapon.
How is someone defended against assault charges?
One is consent. If the people were involved in a contentious activity when the bodily harm was caused it is sometimes not assault. Police often times have to use force when they make an arrest. This is part of their job and their official duty. They have a degree of latitude when it comes to assault in that they may have to use quite amount of bodily force to detain someone. The police however, can take things too far and can be charged with assault if the injuries inflicted are too severe. Punishment is also a defense for assault. Parents have a degree of latitude if they use physical contact to discipline their children. However, if they take things too far then they can be charged with child abuse. If you are defending yourself and inflict an injury on another then you CANNOT be charged with assault. Also if you are preventing someone else from being harmed then this is also another valid defense for assault. Another and final defense is if you are defending your own property. It is worth noting that in all of the cases you may have to go to court to prove our defense.
Assault is a serious crime. It is usually classed as a misdemeanor but more serious crimes can be classed as a felony. Several things on the surface can be considered assault but without specific intent to do harm then technically assault does not exists. Assault however, is not the actual harm. Only the threat has to be there. The actually causing of harm is known as battery. Hopefully this article has helped to solve the complex issue of assault.
With all the talk about domestic violence the term restraining orders is thrown around quite frequently. Do we truly understand the purpose of a restraining order and what it can and cannot do? When should you get a restraining order and will it be enough to protect you? What are the consequences if one violates a restraining order? The purpose of this article is to teach and clear up some of the most common misconceptions about restraining orders.
One of the first misconceptions regarding restraining orders is their purpose. They are not designed to punish: they are designed to prevent and in part to protect. A restraining order warns the other party against committing a certain action. It will state what action that is and what the consequences will be if they should knowingly violate the conditions of the restraining order.
Many people confuse restraining orders with protective orders. Protective orders are associated with preventing family violence. They are given against family members to prohibit child and spousal abuse. They are usually given to keep the family member from imminent physical harm. Restraining orders are seen more commonly in divorce cases or when long term relationships end. They can prohibit the other party from emptying bank accounts, selling property, canceling credit cards and threatening phone calls. They can also help stop either party from diverting mail and taking similar actions. They are designed to protect each party until the civil action is completed.
What can happen if someone violates a restraining order?
It varies. The sanctions include fines, jail time and additional criminal charges being filed. What will happen will largely depend on the laws of your state and the conditions set on your restraining order.
A restraining order is not designed to punish. It is meant to prevent crimes from happening. If someone violates a restraining order they could face fines, jail and additional criminal charges. The restraining order itself has limited power. If used correctly it can help greatly in crime prevention. However, if too much faith is put on them they are useless. The onus will still be on you to report a restringing order violation. If you fail to do so then they cannot help you. If you are feeling threatened or your assets are left vulnerable after a break up, consider a restring order. It could be worth it.
Restraining and protective orders can help improve a difficult situation, and help you more on with your life without fear of harm. Discuss your options with a dedicated and experienced restraining order attorney, and begin to live your life again.
Homicide
Homicide is more than just a topic of police dramas on television. It's a legal term that has come to mean the unlawful killing of another human being. Homicide is not an easy thing to understand because many different types of homicide exist . The purpose of this article is to define and make clear the many different types of homicide and answer some of the most frequently asked questions regarding them.
What is the most serious form of Homicide?
Murder is the most serious form of homicide. Murder is defined as the unlawful killing of another human being without excuse. An interesting thought is if the victim lives longer than one year and one day after the initial attack, many states forbid the charge of murder being brought. The logic being that if someone lives that long after the attack it was most likely not the attack that killed them.
What is manslaughter?
Manslaughter is a form of homicide that is deemed less serious that murder. Manslaughter itself is broken into two categories, voluntary and involuntary. Voluntary manslaughter is where you kill someone but for some reason were provoked into doing so. Examples are finding a spouse in the arms of another or witnessing an attack on a loved one and taking matters into your own hands. Involuntary manslaughter is where someone is killed without intent, usually through recklessness of some sort.
What is justifiable Homicide?
This can be complicated but it's where someone kills another but the circumstances deem it justifiable. Examples would be self defense or killing to prevent the death of another. In these circumstances, you have committed the crime without the guilty mind or intention to do so.
As you can see, homicide is quite a complicated concept. It can range from cold-blooded premeditated first degree murder resulting in the death of another human being. Punishments for homicide vary from state to state but generally carry quite a harsh punishment.
Generally, homicides are classed as felonies and if found guilty there more than likely there will be a jail term imposed. The only exception would be in his case of justifiable homicide where no sentence would be imposed. Homicide is serious. It can carry effects beyond the immediate parties involved. Pain and suffering of loved ones is also a factor. Homicide laws are complex and hopefully this article has helped clear up some of the confusion.
Few legal situations are as grave as homicide charge. You only have so much time to organize your case, so contact an experienced and dedicated homicide attorney right away. Take every opportunity to help your case and get a homicide lawyer consultation today.
White Collar Crime
Have you ever wondered why certain crimes are named or categorized differently than others? Are some crimes more or less evil or bad, illegal than others. What is meant by the term white collar crime? Who commits white collar crime, how are they punished? Are those who commit white collar crime any more or less dangerous than those who commit murder, or armed robbery? Should they be treated any differently? In this article, we will talk about what white collar crime is and its effects.
What is white collar crime?
The types of crime committed under the white collar crime title are things such as fraud, bankruptcy fraud, insider trading, embezzlement, computer crime, pension fund crime, and identity theft and consumer fraud. There are several more but it would be impossible to name them all.
How do people commit white collar crime?
Instead of using guns and weapons to rob, white collar criminals tend to use paperwork and a computer. With the internet made so easily available, it provides a perfect opportunity for white collar criminals to work and escape. Much white collar crime goes undetected.
How can white collar crime harm people?
It can destroy people's lives. If you simply throw away your bank statements at the end of the month with out destroying them, you have left your self open to identity theft. The same thing can happen if you give credit card details or bank account information out over the phone or internet. This information in the wrong hands can cause you problems. With just a simple bank and or credit card details your whole credit card history can be made available. You can give someone the opportunity to spend money on your account, take out loans and purchase things.
A larger and much more serious case of white collar crime was the case against Enron. Employees lost their life savings through their investment scam. The company was caught and many of those involved put in jail, but not before many people had lost everything they had invested.
Who commits white collar crime?
Generally, white collar crime is associated with people of high social standing and intelligence. However, white collar criminals can be just as dangerous as any other criminal and can do even more damage. The FBI estimates that white collar crime costs America over 300 billion dollars a year.
White collar crime may not seem as horrible as other criminal activity because of who it is associated with. However, it is just as bad and can much more destructive.
Related Links
http://www.fbi.gov/orwww.fightcrime.com
®
Copyright
©
Home Page
Top of Page