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Intro to Criminal Law

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Prison and Capital Punishment
Dawn Harvilicz
AIU
9/01/2013

Prison and Capital Punishment

Breach of peace is a common-law offense. A breach or disturbance of the peace is an action in a place that might reasonably be predicted to affect or disturb others. Breach of the peace is usually handled as a misdemeanor, and sometimes the individual that is causing the disturbance will only be given a caution, asking that he or she stop the action in the respect of maintaining community order. The basic fundamentals between a felony offense and misdemeanor has to do with the punishment and how long prison sentence will be. The separating line between felonies and misdemeanors is not if somebody is convicted of a specific crime must be disciplined with a particular amount of time in jail or prison, however if such individual can be disciplined for a certain amount of time or sent to a particular sort of jail or prison.

In states that support capital punishment (death penalty), the crimes deserving of death are felony offenses. In some states, a felony offense is assuming that it is deserving of more than a year in prison. In different states felony offense in the event that it is deserving of a detainment in a state correctional facility. A misdemeanor is usually an criminal offense that is sentenced for less then a year in a state, local, or county correctional facility. Some states have elective felony and misdemeanor criminal acts, otherwise called wobblers. This is a crime that can be charged as a felony or a misdemeanor offense but it depends upon the circumstances. They can also be brought up on charges as a felony offense but lowered to a misdemeanor by court as per a statute. Traffic violations are the most widely recognized samples that some states have offenses that are against the law but fitting of just a fine in some states.

A few criminal acts might be either a felony or a misdemeanor dependent upon an extra component or disturbing trademark. For instance, basically punching somebody in a bar fight could be misdemeanor offense, yet punching them with the use of brass knuckles could be a felony offense dependent upon if a weapon was used. There are very few distinctions in the prosecution of felony and misdemeanor. They require that the state, county of local government to carry an official charges against the individual, and allow the individual due procedure of law. On the other hand, they also need to follow with formal systems to arraign the individual for a felony offenses. For instance, an accused could be indicted for a misdemeanors in court without an arraignment or a preparatory trial. The contrast may likewise influence how an individual advances the conviction. Case in point, in California, an individual sentenced a misdemeanor appeals to an alternate court than an individual indicted a felony offense.

Being sentenced on a felony offense, instead of a misdemeanor, can have serious consequences. Notwithstanding the more extended discipline, an individual sentenced on a felony offense loses the right to possess guns and acquire certain licenses, for example a fishing or hunting license. In a few states, a sentenced felons loses their rights to vote. A felon is required to report that he or she has been convicted of a felony charge when applying for employments. A chronic felon can be faced with even harsher disciplines, particularly in states that support three-strike laws.

References
Breach of peace. (2013) Retrieved from: http://thelawdictionary.org/breach-of-the-peace/#ixzz2dfBmWrp1
Misdemeanor vs Felony (2013) Retrieved from:http://www.differencebetween.com/difference-between-felony-and-vs-misdemeanor/

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