Criminal law Essay Example | Topics and Well Written Essays - 750 words

Criminal law - Essay Example9). As it seems, Carlan et al. essentially categorize two key constituents that comprise the notion of felony (1) crime and (2) penalisation. First, felony is considered as a crime. And star of the three components of the term crime is that it is a commission of an act prohibited by law (Carlan et al., 2011, p. 8). In contrast to thought or imagining, a crime is an act in itself. (An intention to commit crime is arguably another element of crime.) A person commits a crime only if he or she does something that is contrary to law. Examples of crime under the felony classification are manslaughter, murder, and rape (Sanbar, 2007, p. 517). And second, felony constitutes a punishment. in any event death penalty, the salient feature of punishment under felony is the imprisonment of one year or more. Misdemeanor is another classification of crime. As opposed to felony, the ideal of misdemeanor is broadly defined as a crime lower than a felony and is loosely punishable by fine or imprisonment (as cited in Siegel, 2008, p. 143). Meaning to say, misdemeanor is far from being a serious crime and, thus, its punishment is somewhat mild -- in particular, imprisonment as a punishment is usually less than a year. Further, misdemeanor has many scales of seriousness -- e.g., petty and gross misdemeanors. The main difference between the notions of misdemeanor and felony is the seriousness of the crime. Siegel (2008) provides an example by stating that hitting someone with a fist is categorically a misdemeanor while hitting a person with a club is considered as a felony (p. 146). Evidently, both cases (i.e., hitting) are crimes punishable by law. Nevertheless, they vary largely in the approach of committing the crime. The term offense such as petty offense is generally viewed as a subset of misdemeanor classification (Miller & Jentz, 2008, p. 182). Miller and Jentz (2008) define this legal concept as a minor infraction examples of petty offences a re jaywalking, trespass of building code, among other offenses (p. 182). Obviously, offences are far from being a serious crime. What is interesting, though, about a petty offence is that it is considered as a crime. Indeed, the willful violation of following the standard building code is a crime. It must be noted that a national building code is a law per se. Carlan et al. (2011) argued that one of the elements of a crime is the omission of an act required by law (p. 8). Thus, the omission of incorporating the guidelines, which are stipulated in the building code, in the design structure is, by definition, a crime. Treason and espionage are both crimes directed against national security (Scheb, 2009, p. 320). Despite their similarity, nonetheless, the notions of swindle and espionage are substantially distinct. On one hand, the term duplicity is categorized as a serious crime committed when one levies war against them or adheres to their enemies such as giving them aid and comfo rt (as cited in Scheb, 2009, p. 320). That is to say, a person commits treason when he or she helps the enemy of the country in which he or she lives or serves. Scheb observes that no person has been tried and convicted of treason since the World War II. In spite of the misconception of treason verdict, Julius and Ethel Rosenberg were convicted not of treason but of espionage. On the other hand, the term