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Encyclopedia > Misdemeanor
Criminal law
Part of the common law series
Elements of crimes
Actus reus  · Causation  · Concurrence
Mens rea  · Intention (general)
Intention in English law  · Recklessness
Willful blindness  · Criminal negligence
Ignorantia juris non excusat
Vicarious liability  · Corporate liability
Strict liability
Classes of crimes
Felony/Indictable  · Hybrid offence
Misdemeanor/Summary
Infraction
Lesser included offense
Crimes against the person
Assault  · Battery  · Robbery
Kidnapping  · Rape
Mayhem  · Manslaughter  · Murder
Crimes against property
Burglary  · Larceny  · Arson
Embezzlement  · False pretenses
Extortion  · Forgery  · Computer crime
Crimes against justice
Obstruction of justice  · Bribery
Perjury  · Misprision of felony
Inchoate offenses
Solicitation  · Attempt
Conspiracy  · Accessory
Subsets
Criminal procedure
Criminal defenses
Other areas of the common law
Contract law · Tort law  · Property law
Wills and trusts  · Evidence
Portals: Law  · Criminal justice

A misdemeanor, or misdemeanour, in many common law legal systems, is a "lesser" criminal act. Misdemeanors are generally punished less severely than felonies; but theoretically more so than administrative infractions (also known as regulatory offenses). Image File history File links Scale_of_justice. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ... In law, causation is the name given to the process of testing whether defendants should be fixed with liability for the outcome to their acts and omissions that injure or cause loss to others. ... For other uses, see concurrency. ... The mens rea is the Latin term for guilty mind used in the criminal law. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ... In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the... Willful blindess is a term used in law to describe a situation in which an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts which would render him liable. ... Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... It has been suggested that presumed knowledge of the law be merged into this article or section. ... The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ... In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ... In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the... For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... In many common law jurisdictions (e. ... A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ... Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation. ... A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ... This article does not adequately cite its references or sources. ... Mayhem, under the common law of crimes, consisted of the intentional and wanton removal of a body part that would handicap a persons ability to defend themselves in combat. ... In the United States, larceny is a common law crime involving stealing. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... False pretenses is a common law crime. ... Extortion is a criminal offense, which occurs when a person either obtains money, property or services from another through coercion or intimidation or threatens one with physical harm unless they are paid money or property. ... Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ... Computer Crime, Cybercrime, E-Crime, Hi-Tech Crime or Electronic Crime generally refers to criminal activity where a computer or network is the tool, target, or place of a crime. ... Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... Misprision of felony, under the common law of England, was the crime of failing to report knowledge of a felony to the appropriate authorities. ... An inchoate offence is a crime. ... Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ... An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This article or section does not adequately cite its references or sources. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The law of evidence governs the use of testimony (e. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Crime is the current Good Article Collaboration of the week! Please help to improve this article to the highest of standards. ... Look up Punishment in Wiktionary, the free dictionary. ... For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation. ... Regulatory offences are a class of crime in which the standard for proving culpability has been lowered so as not to require any fault elements. ...


In some jurisdictions, those who are convicted of a misdemeanor are known as misdemeanants (as contrasted with those convicted of a felony who are known as felons). Depending on the jurisdiction, examples of misdemeanors may include: petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, and other similar crimes. In general, misdemeanors are crimes with a maximum punishment of 12 months of incarceration, typically in a local jail (again, as contrasted with felons, who are typically incarcerated in a prison). Those people who are convicted of misdemeanors are often punished with probation, community service or part-time imprisonment, served on the weekends. For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... Everyday instance of theft: the bike which fits on this wheel has disappeared. ... A sex worker in Germany. ... Public Intoxication, also known as drunk and disorderly conduct, is a summary offense in many countries. ... Assault is a crime of violence against another person. ... In the criminal law of the United States of America, disorderly conduct is a name given to a rather ill defined crime. ... A sign warning against trespassing // In law, trespass can be: the criminal act of going into somebody elses land or property without permission of the owner or lessee; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly... A caricature of Gustave Courbet taking down a Morris column, published by Le Père Duchêne illustré magazine Vandalism is the conspicuous defacement destruction of a structure or symbol against the will of the owner/governing body. ... The examples and perspective in this article or section may not represent a worldwide view. ... Probation is the suspension of a prison or jail sentence - the criminal who is on probation has been convicted of a crime, but instead of serving prison time, has been found by the Court to be amenable to probation and will be returned to the community for a period in... Community service refers to service that a person performs for the benefit of his or her local community. ... Dorchester Penitentiary in New Brunswick, Canada is an institution that is part of Corrections Canada. ... Week End The weekend is a part of the week lasting one or two days in which most paid workers do not work. ...


In Anglo-American law misdemeanors are in the middle range of seriousness for violations of the law. Felonies are the most serious and typically result in automatic forfeiture of some civil rights, including suffrage, and commonly involve lengthy incarceration. Typically, only those charged with felonies are entitled to the right of trial by jury. Infractions are the least serious, are punishable only by fine (and a command to reverse the behavior), and never carry a formal social stigma (examples of violations include parking and minor traffic offences, late payment of fees, and building code violations). Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... This article or section does not adequately cite its references or sources. ... Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation. ...


Misdemeanors usually don't result in the loss of civil rights, but may result in loss of privileges, such as professional licences, public offices, or public employment. Such effects are known as the collateral consequences of criminal charges. This is more common when the misdemeanor is related to the privilege in question (such as the loss of a taxi driver's license after a conviction for reckless driving), or when the misdemeanor involves moral turpitude -- and in general is evaluated on a case-by-case basis. One prominent example of this is found in the United States Constitution, which provides that the President may be impeached by Congress for "high crimes and misdemeanors" and removed from office accordingly. The definition of a "high" misdemeanor is left to the judgement of Congress. Collateral consequences of criminal charges are the results of arrest, prosecution or conviction that are not part of the sentence imposed. ... Taxicab, short forms taxi or cab, is a type of public transport for a single passenger, or small group of passengers, typically for a non-shared ride. ... Please wikify (format) this article or section as suggested in the Guide to layout and the Manual of Style. ... This page is a candidate to be copied to Wiktionary using the Transwiki process. ... Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ... Impeachment is the process by which a legislative body formally levels charges against a high official of government. ...


Within classes of offences, the form of punishment can vary widely. For example, the US federal government and many U.S. states divide misdemeanors into several classes, with certain classes punishable by jail time and others carrying only a fine. Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      A state of the United States is any one of the fifty subnational entities of the...


References

    Sean Kirkpatrick


      Results from FactBites:
     
    Misdemeanor - Wikipedia, the free encyclopedia (189 words)
    Misdemeanors (or misdemeanours) are "lesser" criminal acts which are generally punished less severely than felonies; but more so than infractions.
    In general, misdemeanors are crimes with a maximum punishment of 12 months or less of imprisonment, typically in a jail.
    In many jurisdictions, misdemeanor convicts who are incarcerated serve their time in a local jail, whereas those convicted of a felony who are sentenced to more than one year serve their time in a prison.
    Misdemeanor - definition of Misdemeanor in Encyclopedia (158 words)
    Misdemeanors are "lesser" criminal acts which are generally punished less severely than felonies; but more so than infractions.
    Depending on the jurisdiction, examples of misdemeanors may include: petty theft, prostitution, simple assault, trespass, vandalism, and the like.
    In general, misdemeanors are crimes with a maximum punishment of less than one year imprisonment.
      More results at FactBites »

     
     

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