Legal System: Where Laws Term Paper

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The term 'crime' could be defined as any action or omission which is being banned by the law. Most of the states differentiate among the various kinds of crimes. (Survey of Criminal Justice: Chapter Four -- Crime) Crimes are brought into classification in several varieties of ways namely -- common law crimes against statutory crimes, and crimes which are mala in se against which are mala prohibita. (Criminal Law: encarta.msn.com) The most commonly found classifications are between misdemeanors and felonies. A misdemeanor is a minor crime which the state punished by confinement for less than a year and this is normally found in a local jail. A felony on the other hand is a more serious crime whereby the state punishes by means of death or incarceration for more than a year, and it is normally found in a state prison. A crime is a wrong which is committed against the entire society. (Survey of Criminal Justice: Chapter Four -- Crime)

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The term 'degree of crime' pertains to the differentiations in the culpability of a crime due to the environment which is prevailing around which leads to its commitment. Crimes are at times classified on the basis of their nature into crimes mala in se and crimes mala prohibita. The first class deals with those activities which are considered to be immoral or wrong, or which are naturally evil inclusive of rape, murder, burglary, arson, larceny, etc., The latter class deals with those activities whcih are not naturally evil but are banned by statute since they infringe on the others rights. (Criminal Law, Law: Divisions and Codes) In our federal system of government, it is quite possible for an individual to perform crimes against the State and also against the U.S. When an activity violates the laws prevailing in both state and federal governments, then the constitutional matter of jurisdiction would be brought into focus. The states would maintain law-making powers which are not particularly provided to the congress. Hence, most of the criminal laws are created and enforced by the state. (Survey of Criminal Justice: Chapter Four -- Crime)

References

TOPIC: Term Paper on Legal System: Where Laws Come Assignment

Criminal Law, Law: Divisions and Codes. Retrieved from http://reference.allrefer.com/encyclopedia/C/criminal-classification-of-crimes.html Accessed on 1 June, 2005

Criminal Law. Retrieved from http://encarta.msn.com/encyclopedia_761557653_3/Criminal_Law.html Accessed on 1 June, 2005

Introduction to the United States Legal System. Retrieved from http://tenant.net/Court/Legsystm/uslawsum.html Accessed on 1 June, 2005

Survey of Criminal Justice: Chapter Four -- Crime. Retrieved from http://www.iejs.com/Survey_of_CJ/CH04.htm Accessed on 1 June, 2005

Understanding the U.S. Legal System. 2001. Retrieved from http://calbar.ca.gov/calbar/pdfs/publications/legalliteracy2001.pdf Accessed on 1 June, 2005 [END OF PREVIEW] . . . READ MORE

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