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Classification of Crimes

2 十月, 2015 - 17:48
LEARNING OBJECTIVES
  1. Ascertain the basis for grading.
  2. Compare malum in se and malum prohibitum crimes.
  3. Compare the punishment options for felonies, misdemeanors, felony-misdemeanors, and infractions.
  4. Compare jail and prison.

Crimes can be classified in many ways. Crimes also can be grouped by subject matter. For example, a crime like assault, battery, or rape tends to injure another person’s body, so it can be classified as a “crime against the person.” If a crime tends to injure a person by depriving him or her of property or by damaging property, it can be classified as a “crime against property.” These classifications are basically for convenience and are not imperative to the study of criminal law.

More important and substantive is the classification of crimes according to the severity of punishment. This is called grading. Crimes are generally graded into four categories: felonies, misdemeanors, felony- misdemeanors, and infractions. Often the criminal intent element affects a crime’s grading. Malum in se crimes, murder, for example, are evil in their nature and are generally graded higher thanmalum prohibitum crimes, which are regulatory, like a failure to pay income taxes.