3-1 Classification of Crime

Classification of Crimes

Importance of Statistical Measurements

• Statistical measurements, such as those provided by the American Immigration Council and the Cato Institute, play a vital role in informing governmental action regarding immigration policies.

• An example is the federal government’s approach to deportation, which targets undocumented immigrants largely due to their association with violent crimes, particularly by gangs like MS-13.

• Despite public outcry and calls for increased deportation linked to crime, research indicates that metropolitan areas experiencing significant deportations do not show changes in crime rates.

Legal Definitions

• Being an undocumented immigrant is primarily considered a civil violation rather than a crime.

• The act of crossing the U.S. border without legal authorization is typically treated as a misdemeanor, which is categorized as a less serious crime.

• The legal classification of these acts is crucial for researchers to understand and measure the connections between crime rates and undocumented immigration.

Key Concepts in Criminal Justice

• This chapter will discuss three essential distinctions in criminal justice:

  1. Civil Law vs. Criminal Law

     • Civil law deals with rights and duties between individuals, while criminal law involves offenses against the state or public.

  2. Felonies vs. Misdemeanors

     • Felonies are serious crimes typically punishable by more than one year in prison, whereas misdemeanors are less serious offenses punishable by less than one year.

  3. Crimes Mala in Se vs. Mala Prohibita

     • Crimes mala in se are acts that are inherently wrong (e.g., theft, murder).

     • Crimes mala prohibita are acts that are prohibited by law but are not inherently wrong (e.g., traffic violations).

Questions to Explore

• "How common is crime in the United States?"

• "Who is most at risk of being victimized by crime?"

3-1a: Civil Law and Criminal Law

Overview

All law can be divided into two categories: civil law and criminal law. These categories are distinguished by their primary goals, with criminal law focused on protecting society by prosecuting crimes that are considered harmful to both individuals and society as a whole.

When a crime is committed, the state takes action against the accused, aiming to impose penalties such as imprisonment, fines, or both if the defendant is proven guilty.

Learning Objective 1: Discuss the Primary Goals of Civil Law and Criminal Law

Civil Law:

• Deals with disputes between private individuals and entities rather than against the state.

• Examples of civil disputes include contract issues, property ownership disputes, and personal injury claims.

• Civil cases are initiated by individuals (plaintiffs) who seek a resolution from a court. The injured party must prove that a wrong has occurred, known as committing a tort.

• In civil law cases, the defendant is the individual accused of causing harm.

Criminal Law:

• Concerned with offenses against society, where the state prosecutes individuals accused of committing crimes.

• The goal is to establish guilt and determine punishment, reinforcing societal norms regarding acceptable behavior.

Guilt and Responsibility

In criminal court, the focus is on determining the guilt of the defendant regarding the charged offense.Example Case:

• In the case of Trino Valdez, he suffered an injury from a falling tree that the city was aware could pose danger. Although there were no criminal charges, the city was found liable in civil court for his injuries. This shows how civil law evaluates responsibility rather than guilt.

• Valdez was awarded $1.17 million for medical expenses and suffering due to the negligence of the city officials.

The Burden of Proof

The burden of proof differs significantly between civil and criminal law:

• Criminal Trials: Require proof beyond a reasonable doubt, making it tougher to secure a conviction.

• Civil Trials: Use the "preponderance of the evidence" standard, making it easier to win cases.

Example Case:

• In a murder case, Jason Carter was found not guilty of killing his mother in a criminal trial. However, in a subsequent civil suit, he was held liable for wrongful death and ordered to pay $10 million to his mother's estate, demonstrating the difference in burdens of proof between the two legal areas.

Mastering Concepts: Comparison of Civil Law and Criminal Law

Conclusion

Understanding the distinctions between civil law and criminal law is critical in the study of legal systems. These differences impact how cases are prosecuted and resolved, reflecting the varied objectives of each legal framework. This chapter lays the foundation for future explorations into specific laws and cases, enhancing our grasp of complex legal interactions.

3-1b: Felonies and Misdemeanors

Overview

Crimes are primarily categorized based on their severity as either felonies or misdemeanors. This classification dictates the level of punishment and the legal process involved.

Felonies

• Definition: Felonies are serious crimes that are punishable by death or imprisonment in a federal or state prison for a year or longer. Some states, such as North Carolina, define felonies as offenses punishable by at least two years of incarceration.

• Degrees of Felony:

  • Capital Offenses: Maximum penalty is death.

  • First Degree Felonies: Punishable by a maximum penalty of life imprisonment.

  • Second Degree Felonies: Punishable by a maximum of ten years’ imprisonment.

  • Third Degree Felonies: Punishable by a maximum of five years’ imprisonment.

• Nature of Felonies: Most felonies involve violent crimes like armed robbery or sexual assault, or serious offenses such as large-scale theft or drug trafficking.

• Example: A first-time DUI (driving under the influence) not involving injury is typically charged as a misdemeanor. However, subsequent offenses are escalated to felonies.

  Discussion: This approach may serve as a deterrent for first-time offenders, but may also lead to overcrowding in prisons for offenses that could be rehabilitated differently.

Misdemeanors

• Definition: In most jurisdictions, a misdemeanor is any crime that is not classified as a felony. These are less serious offenses with penalties such as fines or confinement for up to one year.

• Punishment: If imprisonment occurs, it typically takes place in local jails rather than state or federal prisons.

• Types of Misdemeanors:

  • Gross Misdemeanors: Punishable by 30 days to one year in jail.

  • Petty Misdemeanors: Punishable by fewer than 30 days in jail.

• Common Examples: Disorderly conduct and trespassing.

• Consequences: Misdemeanor offenders may face probation or community service, with these alternatives particularly common for juveniles.

Infractions

• Definition: The least serious form of wrongdoing, infractions are punishable only by fines. Examples include parking tickets and minor traffic violations.

• Legal Standing: Infractions are often not considered crimes and typically do not lead to jury trials. Therefore, infractions usually do not appear on one’s criminal record.

• Difference from Petty Offenses: In some jurisdictions, infractions and petty offenses may be used interchangeably. However, under federal guidelines, infractions can incur up to five days in jail, whereas petty offenses are strictly financial penalties.

• Serial Infractions: Accumulating multiple infractions can result in criminal charges. For example, in Illinois, three or more speeding violations within a year is classified as criminal behavior.

Conclusion

Understanding the classification of crimes into felonies, misdemeanors, and infractions is crucial for grasping the legal system's approach to crime. Each category defines the offense's severity, determining the appropriate legal response and potential consequences for offenders. This framework lays the groundwork for deeper studies into specific crimes and the justice system's workings.

3-1c: Mala in Se and Mala Prohibita

Overview

Criminologists categorize criminal acts as either mala in se or mala prohibita, highlighting the social function of criminal law.

What is mala in se?

• Definition: A criminal act deemed wrong regardless of existing laws against it.

• Characteristics: Against natural laws, moral and public principles predominant in any society.

• Examples: Murder, rape, and theft, which are generally recognized as wrong across cultures.

What is mala prohibita?

• Definition: Acts classified as crimes only because they are codified in statutes or human-made laws.

• Characteristics: Not inherently wrong; reflects societal moral norms at a specific moment in time.

• Examples: Bigamy, which is illegal in most jurisdictions but may not be viewed as immoral in some cultures.

Making the Distinction

Learning Objective 2: Explain the differences between crimes mala in se and mala prohibita.

• The distinction is not always clear and can be influenced by cultural contexts.

• Cultural Relativity:

  • For instance, murder can sometimes be justified in specific cultural practices like honor killings.

  • Certain acts deemed criminal in one culture may not be classified the same in another, leading to complexities in defining mala in se and mala prohibita.

Comparative Criminal Justice

• In countries like New Zealand, legislation such as the Prostitution Reform Act legalizes sex work, acknowledging the need for rights and safety for sex workers.

• Arguments for legalization:

  • Empowerment of workers: Legalization offers sex workers protections similar to other professions, aligning with advocates like Meg Muñoz.

  • Health and safety: Prevalence of safe sex practices among sex workers in legalized jurisdictions reduces risks of STDs.

• Critics argue that legalization opens the door to human trafficking and exploitation, creating a burden on vulnerable populations.

The Drug Dilemma

• Link to mala in se and mala prohibita: Society restricts certain drugs while allowing others not necessarily based on scientific evidence of harm but prevailing social norms.

• Legal substances like alcohol and tobacco, which cause significant harm (60,000 deaths annually from alcohol-related issues and one in five deaths from smoking), are permissible due to societal acceptance.

• The struggle to legalize marijuana showcases shifting societal views and the challenge to existing laws, often resulting from changing norms and values regarding drug use.

Conclusion

Understanding the classification of crimes into mala in se and mala prohibita aids in grasping the complexities of legal systems and cultural implications on law-making. These distinctions impact society's approach to criminalization and underscore the necessity for ongoing discussions surrounding legal and moral standards in evolving social contexts.