Читать книгу Criminology For Dummies - Steven Briggs - Страница 13

Crime isn’t as simple as it seems at first blush. If I signed my credit card receipt in a store and accidentally walked away with the pen, did I commit theft? Of course not. I didn’t intend to steal the pen. To be guilty of a crime, I must have some mental culpability, such as criminal intent. Taking a pen is a crime only if a prosecutor can prove that I intended to deprive the owner of his pen.

In addition, committing a crime requires a physical act. It’s not illegal just to think about committing a crime; you must physically do something. (Of course, a few exceptions exist. For example, not paying your taxes can constitute a crime.) I explore the elements of a criminal law (which is a law that defines a crime) in greater detail in Chapter 2.

Not all crimes are equal. The law breaks down crimes into two categories, according to seriousness:

 Misdemeanor: This type of crime includes the least serious offenses. Historically, misdemeanor crimes were crimes that couldn’t be punished by more than a year in jail. Today, however, because overcrowding in some jails is a serious problem, people convicted of misdemeanors, especially first-time offenders, may not get much jail time at all.

 Felony: This type of crime is usually more serious and is punishable by more than a year in custody. Serious violent crimes like murder, rape, kidnapping, and robbery are felonies that can result in lengthy prison sentences.