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What Are The Kinds of Crimes?
Under the common law (judge-made law) inherited from England, crimes are divided into two main categories: felonies and misdemeanors. The distinction between them is based on the crime's seriousness and on the length of punishment.
- Felonies are crimes generally punishable by more than one year's imprisonment. You have the right to a jury trial when charged with a felony crime. The common law felonies include murder, rape, robbery, burglary, kidnapping, and treason.
- Misdemeanors are crimes generally punishable by less than one year's imprisonment. You have the right to a jury trial when charged with a misdemeanor if the crime is considered serious enough to warrant a jury trial.
The common law system of dividing crimes into felonies and misdemeanors is gradually being replaced with newer systems based on statutes enacted by legislatures. Many of these newer systems are based on a model law called the Model Penal Code.
The Model Penal Code classifies crimes by degree. There are four degrees of crimes: first, second, third, and fourth degree. First degree crimes include the most serious crimes like murder, sexual assault, and kidnapping. Fourth degree crimes include the least serious crimes like mischief. The Model Penal Code also recognizes criminal conduct less serious than crimes such as offenses and violations. Approximately 22 states have adopted a variant of the Model Penal Code.
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