...A felony criminal charge is a crime, which originally involved confiscation of a convicted person’s property such as land. Felony includes quite a number of crimes such as battery, arson, burglary, aggravated assault illegal drugs and vandalism of federal property. A person who is convicted in any court for felony crime is called a felon. The criminal justice system is a series of institutions and practices within the government who are directed towards upholding social control, mitigation and deterring of criminal activities. The criminal justice institutions are also involved in sanctioning individuals who violate the laws as well as recommending rehabilitation of other convicted individuals. A certain procedure is applied when the criminal justice institutions are carrying out justice and fair ruling in felony crimes at the state and federal level. The entire criminal justice process for a felony crime involves a series of stages, which are closely linked and dependent. The first stage is usually investigation of the criminal while the last stage involves release of the felon after undergoing correctional supervision. Usually an accused individual is arrested after the necessary investigations have been carried out which will link the person to that particular crime. Arrests are usually carried out by police officers upon presentation of a warrant legalizing the arrest such that the suspect is held in custody awaiting the court hearings. The process of arrest require that...
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...Unit 1 Individual Project Misdemeanor and Felonies By Christopher Mincey 10/12/2014 Introduction to Criminal Law (CRJS205 -1404B-01) Many people may have a lot of concerns of what may happen when they are charged for a crime and what may happen next if they are convicted. When people get arrested it is scary due to the fact of not knowing what may happen to you or what steps to take if you are convicted. You have charges that fall under two categories which are misdemeanor or felony. With both of these categories there may be time that an individual may have to serve behind bars or there may be different punishment that may have to be taken place. So the question of the day is what is a misdemeanor? Misdemeanor is considered to be a classification for crimes that are not that severe. With a charge of this caliber a person is subject to fines or the possibility of going to jail. When I say jail it is not be a federal correction institution instead it will be a local or county facility. Most misdemeanor crimes that have committed the convicted individual may have a penalty of imprisonment for up to a year in jail. They also will be required to pay a fine which may be up to $1,000 or more all depends if the person is a repeat offender. An individual may also be required to be placed on probation, community service and or pay restitution if there were any type of loss of property. So what types of crimes are considered to be a misdemeanor? Theft charges under a certain amount...
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...The Effects of Felony Convictions RaShawnda Anderson Kaplan University The Effects of Felony Convictions The effects of felony convictions are a very hot topic in America. This is because there are many Americans that commit crimes and are punished yet still deal with the effects for years to come. Felons are a part of society and should be treated as such especially if they are reformed. A person can commit a crime that results in a felony and twenty years later still suffer the harsh reality of certain privileges being taken away. Yes, an individual should be punished for their crimes but the effects of a felony conviction should not include or affect that person’s right to vote, finding employment, or the pursuance of a higher education. According to Olivares, Burton, and Cullen (1996) upon release these offenders also deal with stigmas, loss of job opportunities, friendships, family relationships, and denial of civil rights. When it comes to the loss of job opportunities, a recent study has shown that most employers have hired at least one person with a felony conviction (Sawnson, Langfitt-Reese & Bond, 2012). Employers encourage job seekers with criminal records to be honest and willing to discuss their involvement with the justice system. Most employers did not have strict policies concerning hiring criminals and this is a plus. Convicted job seekers should follow standard job hunting techniques...
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...probation or parole successfully. My reasons for supporting the restoration of felons’ voting rights are because voting is a “right” under the Constitution of the United States. After a person serves their prison sentence; some ex-felons have the ability to be and remain rehabilitated and live productive lives. Also, the laws are changing making it easier to be charged as a felon. Most of the people that are against felons voting claim that they make bad judgments because they do not abide by the laws. Also, convicted felons continue to violate the laws and further prove they are irresponsible, and felons need to be taught a lesson about breaking the laws (“ProCon.org”). Does a person lose citizenship when convicted of a felony? Citizens convicted of a felony but who have completed their sentencing and parole requirements should enjoy all of the same rights as other citizens. I refute disenfranchisement because it is not a novel practice. Its roots are historic. There have been numerous legal challenges to disenfranchisement laws, and courts have found the practice to be unconstitutional. In these legal challenges, one argument, which courts have never fully examined, however, is that disenfranchisement is linked to recidivism. Consistent with theories of labeling and shaming, one potential consequence of disenfranchisement is to create a permanent criminal underclass of outcasts, which is unable to fully rejoin society after their prison sentence is served. The outcome...
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...Felony Case In today society the world is faced with crimes being committed in a matter of minutes. The majority of the crimes are broadcasted on nation news station across the world, these felonies crimes that are committed by the young adults ranging from the age of 12- 25. The types of crime that are committed are robberies, drug possession, vandalism, domestic violence and assault. The young adult that commit these crimes do not have any remorse most think it’s a jokes or others look at it as easy way to make money; nevertheless not knowing in the end they will be face with charges, conviction and jail time; just a like a well known celebrity Singer Chris Brown is hit with several felonies. This paper will cover the charges, the conviction and the appeal. Charges In the year 2009, the Singer Chris Brown and a bodyguard were arrested and charged with felony assault, Brown and bodyguard Christopher Hollosy allegedly attacked a man with their fists outside the a Hotel in downtown Washington. The arrest could have serious legal end result for the 24 year singer Chris Brown; given that he is serving probation for the felony domestic violence conviction relating to his 2009 attack on former girlfriend Rihanna. The attack on the victim was really not justified, the individual tried to jump into a photo that Brown was posing for with a female fan on the sidewalk when the singer punch the individual in the face, because of the simple fact this person was a man that was...
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...Felony Versus Misdemeanor How is crime defined and punishable under the law? Crime is defined by Merriam-Webster dictionary as an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law (Merriam-Webster, n.d.). Under the law, there are two chief categorizations of crimes. The first is categorization is a felony. Felony crime is the worst class of crime and is punishable by a death sentence or a prison term. Some examples of felony crimes are kidnapping, arson, murder, and robbery (americanbar.org, n.d.). The second categorization of crime is known as a misdemeanor and carries a less severe punishment. Some examples of misdemeanors are resisting arrest, public intoxication, and simple battery. On the other hand, the same offense may be either a felony or a misdemeanor depending on the degree of the offense. One example is driving under the influence of drugs or alcohol. The first or even the second offense is generally a misdemeanor. Subsequently after a determined amount of prior convictions for driving while under the influence, the next violation may be prosecuted as a felony offense (ameicanbar.org, n.d.). Another distinction between felonies and misdemeanor is the sentencing that is handed down. Most states, as well as, the federal government class a felony as all crimes that carry a mandatory sentence of one or more years. On the other hand, a misdemeanor...
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...The Difference between a felony and misdemeanor Laura Macella AIU Online The Difference between a felony and misdemeanor Abstract In this paper it will be discussed the differences between a felony and a misdemeanor. There will be examples of real life situations and memo discussing to a client the differences between the two. It will be discussed to the client that was charged with breach of peace about the crime she committed, her concerns about prison and the death sentences, and the punishments that she will possibly face if she is convicted. There are two divisions that a crime can fall under. When a crime is committed, the crime can fall either under a misdemeanor or a felony charge. Misdemeanors are usually small, petty crimes that one commits which are usually punishable by a fine, short jail sentence usually less than 1 year, or community service. When talking about a felony they are much more serious crimes, which will carry a severe sentence of more than a year in jail or even a death sentence. According to Money Matters 101, a misdemeanor is a less criminal act in many common law systems (moneymatters101.com). A misdemeanor are generally less severe crimes that are committed and are usually punished with fines, community service, a less than 12 months in jail. Misdemeanors usually don’t result in the loss of civil rights, but if you are convicted of a misdemeanor, you might find it difficult to obtain a professional license or public employment (moneymatters101...
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...| Is marijuana illegal? | What are the penalties for possession of cocaine? | What are the penalties for possession of heroin? | What are the penalties for possession of prescription drugs? | What is the blood alcohol level for a driving while intoxicated (DWI) or driving under the influence (DUI) crime? | Is there extreme DWI or DUI? If so, what is the punishment? | Federal | | | | | | | <State 1> | | | | | | | <State 2> | | | | | | | <State 3> | | | | | | | 1. Where do you see the largest variance between federal and state anti-drug legislation? 2. What is the purpose of anti-drug legislation in relation to public order crime? Federal Despite medical cannabis laws in 40 states, cannabis is still illegal under federal law. Federal marijuana law. (2016). Retrieved from http://www.safeaccessnow.org/federal_marijuana_law Under federal law, a person with no prior federal or state convictions of possession of any narcotic who is convicted of a first offense of cocaine possession may be sentenced to not more than one year in prison, fined not less than $1,000, or both. A person convicted of cocaine possession after a prior conviction of possession of cocaine or any other narcotic in either federal or state court may be sentenced to not less than 15 days and not more than two years in prison, fined not less than $2,500, or both. Two or more prior convictions of possession of any narcotic in federal or state court may lead to...
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...is appointed if the defendant cannot afford one, or the defendant can choose to represent himself, though that is highly unrecommended and the court will likely try to change the defendant's mind. Jury trials can be available, depending upon the type of misdemeanor alleged, though it is often a smaller jury (frequently just 6 members) as opposed to the familiar 12-member jury. Felonies: Felonies are definitely the most serious types of crimes these types of crimes will definitely land you in prison for either years or life. Examples of felonies include murder, aggravated or grand theft, rape, etc. If convicted of a felony, an inmate will most likely serve their sentence in a state or federal correctional institution, more commonly referred to as a prison or penitentiary. Often, inmates may be transferred from one prison to another to accommodate the needs of the correctional system in which they are serving their time, so they may spend time far from home. Conviction of a felony brings with it more disadvantages than just higher fines and longer jail time. In some states, persons convicted of felonies cannot serve on juries,...
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...Chapter 2 Language of Criminal Statues * Pursuant to case law: * Read using the “plain meaning” of the written law * Exception: when common sense or obvious purpose of the legislature dictates a different meaning * In interpreting statues’ wording, defendant is entitled to every reasonable doubt * Words from foreign sources = commonly accepted and understood meaning in our culture Vague and Indefinite Statues 1. Vague – Uncertain, unclear, or ambiguous in character or meaning 2. Indefinite – Imprecise or inexact These types of law will result in a violation of the due process clause of the 14th Amendment (U.S. Constitution) Construction of Penal Statutes * Letter of the Law (Common Law) vs. Spirit of the Law (California Constitution) * Common law is bound by the Letter of the Law * Penal Code Section 4, requires California statutes to be viewed in the context of the Spirit of the Law * Courts look at the literal meaning of the words in conjunction with the legislative intent which underlies the spirit in which the law was written * When language can interpreted 2 different ways, courts use that which is more favorable to the defendant Conflicting between Statues * Two state laws punish exactly the same act or omission as crimes, and they are obviously in conflict, the last one passed into law will control * The last law passed in a conflicting situation is taken in effect. Penal Code...
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...Week 7 Erica Clayton Spring 2015 Belhaven University Week 7 Hospital-based doctors include specialists such as a pathologist, radiologist, and anesthesiologists. Each one of these specialties is reliant on their position at the hospitals where they receive referrals from other specialist and physicians. Also, hospitals regularly perform various services for these specialties. Consecutively, hospitals depend on the hospitals based doctors because they provide essential services to the hospitals. Some hospitals have the cut-rate payment for hospital-based physicians, and some are requiring payment from doctors to reimburse hospital of the payments that performed for the services rendered. Medicare regularly pays for the services of the hospital based doctors in various ways. In some instances, Medicare pays physicians directly for the services provided. For an example, when a pathologist performs laboratory services for the hospital inpatients which has Medicare part A, some part of the Medicare's prospective payment amount to the hospital is for pathology service that provided. Technical and professional components are paid separately from the hospital-based physicians. There are federal statutes that involved criminal prosecutions under the fraud and abuse laws. There was a doctor named Greber. He ran a laboratory service that provided Holter monitors that were ordered by cardiologists. Greber's business matched the monitors to the patients that collected...
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...United States Prison System: The War on Drugs The United States of America is no longer the home of the free. It is the home of the locked up and caged. How can this nation embrace the concept of freedom when over 2.4 million of its citizens are locked up in prison? How can Americans have the nerve to utter the words, “racial equality” when over 10% of all African-American men is incarcerated? How can we take pride in a nation that locks up its citizens that suffer from the disease of addiction? This should be an embarrassment to all Americans. The criminal justice system must be reformed and surrender the “War on Drugs.” According to the June 2008 Bureau of Justice Summary, Americans make up only four and a half percent of the world’s population yet boasts twenty-two percent of the world’s incarcerated population. According to the same report, the American Criminal Justice System imprisons six times more of its population than other free nations such as Canada, Australia, Germany, Spain, and Italy. America incarcerates ten times more of its population than Japan, France, and Finland. We have the highest rate of incarceration in the world, much higher than China, Russia, Iran, Cuba, and North Korea whom we consider fascias police states. The 2009 statistics reported in the Prison Index showed that one third of African-American men will serve time in prison at some point in their life. The Bureau of Justice statistics reported, “The number of inmates in...
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...Felon Voting In the United States, people convicted with felony are barred from participating in voting in any election. According to Lawyers' Committee for Civil Rights Under Law (2008), it is estimated that about five million felony victims have been denied this chance, a condition referred to as disenfranchisement. Every state in America has its own law concerning disenfranchisement. Felons are only allowed to vote in Maine and Vermont states (Lawyers' Committee for Civil Rights Under Law, 2008). Some states demand that felon re-enfranchisement should be enhanced to allow felons who have already completed their sentence to participate in elections. They argue that their privileges and rights should be restored by allowing them to cast votes. According to them, blocking felons from voting is undemocratic, unfair, racially, and politically motivated while opponents state that felons have poor judgment, and should not be entrusted with this fundamental right. This research paper gives a clear summary of two articles concerning their position on felon voting. The first article is Liberal and republication argument against the disenfranchisement of felons by Jeffrey Reiman, and the second one is Locked out: felon disenfranchisement and America democracy by Jeff Manza and Christopher Uggen. Both articles indicate that disenfranchisement of criminal offenders who are already through with their sentences is ethically and morally wrong. The two authors lobby for the enfranchisement...
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...Probation: A Crime Control Policy Yarahi Reinaldo Florida International University April 17, 2011 Abstract Probation is one of the alternative responses for prison overcrowding, and it is the primary prosecutorial instrument in the war of drugs. It is an agency that plays two roles in the criminal justice system: it works as a law enforcement agency (protecting the society) and it provides social service (offering rehabilitation for minor offenders who pose minimal risks to public safety). The state department of corrections is in charge of probation when this is fulfilling its executive function. On the other side, the local courts or the state judiciary is responsible for probation officers when it plays its judicial role. Probation’s law enforcement function belongs to the executive branch and its social role fit into the judiciary branch (probation officers bound by the will of the court). Probation, as an alternative to incarceration, is one of the most frequent sentences used in United States. It brings benefits to the individual and the government. The offender receives a sentence while not staying in prison, and the government saves money on not sending the offender to incarceration. Juvenile offenders occupy a decent number on the probation system. More than half of juveniles who receive a juvenile court sanction are placed on probation (Worrall, 2008). This could have the explanation that our criminal justice system is more dependent on...
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...Do Inmates Deserve a Second Chance? Cari Adee, James Crooms, Latandra Sain, Taylor Cotter, Rodney Henry, Breanna Johnson, Latonia Pitts BCOM/275 7/20/2014 Do inmates deserve a second chance? Every time that you turn on the news you see it: School shootings, babies being left in the car by parents, people selling and doing drugs, people being murdered, raped and assaulted. According to the inter press services, in the last three decades people that are in prison have increased almost 790 percent, in the last 30 years the inmates count has risen from 25,000 to 219,000 and is still rising at a disrupting rate. The question that we need to ask ourselves is if the people that get out of prison deserve a second chance at a normal life. Everyone has a different opinion on this topic. Some people will agree that once a person serves time for the crime that they committed then they deserve a chance to start over. While others think that those who committed a crime should have thought about their actions before they did the things that they did. This paper will not just go over to the pros of why inmates deserve a second chance but the cons as well, in hopes that whoever reads this paper will make their own judgments based on all the information and not just part of the evidence. There are many pros for why a criminal deserves a second chance at life. For instance, many criminals have families that are in need of their assistance, financially, physically, and emotionally. There...
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