1.
Criminal law
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Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety and it includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, the first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians, another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the criminal laws of Ancient Greece have survived, e. g. those of Solon. In Roman law, Gaiuss Commentaries on the Twelve Tables also conflated the civil and criminal aspects, assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of compensation or damages. The criminal law of imperial Rome is collected in Books 47–48 of the Digest, the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The development of the state dispensing justice in a court clearly emerged in the century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Length of incarceration may vary from a day to life, government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a convicted of a crime. Five objectives are widely accepted for enforcement of the law by punishments, retribution, deterrence. Jurisdictions differ on the value to be placed on each, retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal, Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to balance the scales. People submit to the law to receive the right not to be murdered and if people contravene these laws, thus, one who murders may be executed himself
2.
Felony
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The term felony, in some common law countries, means a serious crime. The word originates from English common law, where felonies were originally crimes that involved confiscation of a persons land. Many common law countries have now abolished the distinction and replaced it with other distinctions. A felony is generally considered a crime of high seriousness, while a misdemeanor is not, a person who has committed a felony is a felon, and upon conviction of a felony in a court of law is known as a convicted felon or a convict. In the United States, where the distinction is still widely applied. If punishable by one year or less, it is classified as a misdemeanor. Note that the prison sentence handed out has no effect on this. For example, if a person is sentenced to six months, individual states may differ in this definition, using other categories as seriousness or context. Similar to felonies in some civil law countries are delicts, whereas in others crimes and delicts, larceny or theft above a certain statutorily established value or quantity of goods Vandalism on federal property. Some offenses, though similar in nature, may be felonies or misdemeanors depending on the circumstances, for example, the illegal manufacture, distribution or possession of controlled substances may be a felony, although possession of small amounts may be only a misdemeanor. Additionally, driving while intoxicated in some states may be a misdemeanor if a first offense, in the course of the 20th century, however, American jurisdictions eliminated the distinction among the first three categories. Gonzales v. Duenas-Alvarez,549 U. S.183, a felony may be punishable with imprisonment for two or more years or death in the case of the most serious felonies, such as murder. Indeed, at law when the British and American legal systems divorced in 1776. Standards for measurement of an offenses seriousness include attempts to quantitatively estimate, in some states, all or most felonies are placed into one of various classes according to their seriousness and their potential punishment upon conviction. The number of classifications and the corresponding crimes vary by state and are determined by the legislature, usually, the legislature also determines the maximum punishment allowable for each felony class, doing so avoids the necessity of defining specific sentences for every possible crime. For example, Virginia classifies most felonies by number, ranging from Class 6 through Class 2 up to Class 1, some felonies remain outside the classification system. New York State classifies felonies by letter, with some divided into sub-classes by Roman numeral, classes range from Class E through Classes D, C, B. Massachusetts classifies felony as an offense that carries any prison time, ohio classifies felonies by degree ranging from first, second, third, fourth, to fifth degree
3.
Infraction
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A summary offence is a crime in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment. In Canada, summary offences are referred to as summary conviction offences, as in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the laws of Canada and in the legislation of Canadas provinces and territories. As a matter of practical effect, some differences between summary conviction and indictable offences are provided below. Accused must be charged with a conviction within 6 months after the act happened. Limitation periods are set out in the Criminal Code, the police can arrest under summary conviction without an arrest warrant if found committing a summary offense notwithstanding s.495 of the Criminal Code. If the police do not find committing an offense, an arrest warrant is required. Accused does not have to submit fingerprints when charged under Summary Conviction, appeals of summary conviction offences go first to the highest trial court within the jurisdiction. Accused convicted under summary conviction are eligible for a pardon after 5 years provided the accused is not convicted of any further offences during that period, always tried in a provincial court. There is no limit to when charges can be laid. The exception to this point is treason, which has a 3-year limitation period, police do not require a warrant to arrest under an indictable offence, see S.495 Criminal Code Accused has to submit fingerprints when required to appear to answer to an indictable offence. Appeals always go to the Provincial Court of Appeal first, Accused convicted under an indictable offence can apply for parole after 10 years. In Hong Kong, trials for summary offences are heard in one of the territorys Magistrates Courts, in relation to England and Wales, the expression summary offence means an offence which, if committed by an adult, is tried by a summary procedure. In such proceedings there is no jury, the judge decides the guilt or innocence of the accused. Each summary offence is specified by statute which describes the offence, a summary procedure can result in a summary conviction. In these there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such person only, as the statute has appointed for his judge. But it has of late been so far extended, as, if a check be not timely given, to threaten the disuse of our admirable and truly English trial by jury, unless only in capital cases. In the United Kingdom, trials for summary offences are heard in one of a number of types of lower court, for England and Wales this is the Magistrates Court
4.
Misdemeanor
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A misdemeanor or misdemeanour is any lesser criminal act in some common law legal systems. Misdemeanors are generally punished less severely than felonies, but theoretically more so than administrative infractions, many misdemeanors are punished with monetary fines. In the United States, the government generally considers a crime punishable with incarceration for one year or less to be a misdemeanor. All other crimes are considered felonies, many states also employ this distinction. A misdemeanor is considered a crime of low seriousness, and a one of high seriousness. A principle of the rationale for the degree of punishment meted out is that the punishment should fit the crime, one standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed, the distinction between felonies and misdemeanors has been abolished by several common law jurisdictions. The Republic of Ireland, a member of the Commonwealth. In the United States of America, the first time a person commits certain crimes, such as assault, it is a misdemeanor. In some jurisdictions, those who are convicted of a misdemeanor are known as misdemeanants, jurisdictions such as Massachusetts are a notable exception where the maximum punishment of some misdemeanors is up to 2.5 years. People who are convicted of misdemeanors are punished with probation, community service, short jail term, or part-time imprisonment. Misdemeanors usually do not result in the loss of civil rights, 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, the definition of a high crime is left to the judgment of Congress. In Singapore, misdemeanors generally are sentenced to months of jail sentence, depending on the jurisdiction, several classes of misdemeanors may exist, the forms of punishment can vary widely between those classes. For example, the federal and state governments in the United States divide misdemeanors into several classes, with certain classes punishable by jail time and others carrying only a fine. In New York law, a Class A Misdemeanor carries a sentence of one year of imprisonment. In the United States, when a statute does not specify the class, legislators usually enact such laws when they wish to impose penalties that fall outside the framework specified by each class. First-time cannabis possession is a misdemeanor in Virginia punishable by up to 30 days in jail rather than the normal fines
5.
Solicitation
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Solicitation is the act of offering, or attempting to purchase, goods or services. Legal status may be specific to the time or place where occurs, in the United States, the term solicitation implies some part of commercial element, consideration, or payment. Unlike conspiracy, there is no overt step necessary for solicitation, one person can be a defendant and it is not necessary that the person commit the crime, nor is it necessary that the person solicited be willing or able to commit the crime. For example, if Alice commands Bob to assault Charlie, and Alice intends for Bob to assault Charlie, however, if Alice commands Bob to assault Charlie without intending that a crime be committed, then there is no solicitation. Solicitation is also subject to the doctrine of merger, which applies in situations where the person solicited commits the crime, city ordinances vary but may require a soliciting sign to be of a certain dimension to qualify for legal protection. Some signs are designed to clearly cite the city ordinance and describe the consequences to the solicitor, although certainly not required, such methods may be more effective at deterring unwanted solicitation
6.
Assassination
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Assassination is the murder of a prominent person, often a political leader or ruler, usually for political reasons or payment. The word assassin is believed to derive from the word Hashshashin. It referred to a group of Nizari Shia Persians who worked against various Arab, founded by the Persian Hassan-i Sabbah, the Assassins were active in the fortress of Alamut in Iran from the 8th to the 14th centuries, and also controlled the castle of Masyaf in Syria. The group killed members of the Persian, Abbasid, Seljuq, the word for murder in many Romance languages is derived from this same root word. Assassination is one of the oldest tools of power politics and it dates back at least as far as recorded history. The Old Testament story of Judith illustrates how a woman frees the Israelites by tricking and assassinating Holofernes, a warlord of the rival Assyrians, with whom the Israelites were at war. King Joash of Judah was recorded as being assassinated by his own servants, Joab assassinated Absalom, King Davids son, chanakya wrote about assassinations in detail in his political treatise Arthashastra. His student Chandragupta Maurya, the founder of the Maurya Empire, later made use of assassinations against some of his enemies, other famous victims are Philip II of Macedon, the father of Alexander the Great, and Roman consul Julius Caesar. Emperors of Rome often met their end in this way, as did many of the Muslim Shia Imams hundreds of years later, the practice was also well known in ancient China, as in Jing Kes failed assassination of Qin king Ying Zheng in 227 BC. Whilst many assassination were performed by an individual or a small group, the earliest were the sicarii in 6 A. D. who predated the Middle Eastern assassins and Japanese ninjas by centuries. In the Middle Ages, regicide was rare in Western Europe, blinding and strangling in the bathtub were the most commonly used procedures. With the Renaissance, tyrannicide—or assassination for personal or political reasons—became more common again in Western Europe and this account is, however, contentious among historians, it being most commonly asserted that he died of natural causes. The myth of the Curse of King Zvonimir is based on the legend of his assassination, in 1192, Conrad of Montferrat, the de facto King of Jerusalem, was killed by an assassin. The reigns of King Przemysł II of Poland, William the Silent of the Netherlands, in Russia alone, two emperors, Paul I and his grandson Alexander II, were assassinated within 80 years. In the United Kingdom, only one Prime Minister of the United Kingdom has ever been assassinated—Spencer Perceval on May 11,1812. In the United States, within 100 years, four presidents—Abraham Lincoln, James Garfield, William McKinley, there have been at least 20 known attempts on U. S. presidents lives. Huey Long, a Senator, was assassinated in September of 1935, the Polish Home Army conducted a regular campaign of assassinations against top Nazi German officials in occupied Poland. Adolf Hitler, meanwhile, was almost killed by his own officers, indias Father of the Nation, Mohandas K. Gandhi, was shot to death on January 30,1948, by Nathuram Godse
7.
Assault
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In criminal and civil law, assault is an attempt to initiate harmful or offensive contact with a person, or a threat to do so. It is distinct from battery, which refers to the achievement of such contact. An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm and it is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal, there is, however, an additional criminal law category of assault consisting of an attempted but unsuccessful battery. The term is confused with battery, which involves physical contact. Assault usually accompanies battery if the assailant both threatens to make unwanted contact and then carries through with this threat. Thus throwing a rock at someone for the purpose of hitting him is a if the rock in fact strikes the person. Aggravated assault is, in some jurisdictions, a form of assault. Aggravated assault can also be charged in cases of attempted harm against police officers or other public servants, Assault can also be considered in cases involving the spitting on, or unwanted exposure of bodily fluids to others. Consent may be a complete or partial defense to assault, in some jurisdictions, most notably England, it is not a defense where the degree of injury is severe, as long as there is no legally recognized good reason for the assault. This can have important consequences when dealing with such as consensual sadomasochistic sexual activity. Legally recognized good reasons for consent include surgery, activities within the rules of a game, bodily adornment, however, any activity outside the rules of the game is not legally recognized as a defense of consent. In Scottish Law, consent is not a defense for assault, Police officers and court officials have a general power to use force for the purpose of performing an arrest or generally carrying out their official duties. Thus, an officer taking possession of goods under a court order may use force if reasonably necessary. In some jurisdictions such as Singapore, judicial corporal punishment is part of the legal system, the officers who administer the punishment have immunity from prosecution for assault. What constitutes reasonable varies in both law and case law. Unreasonable physical punishment may be charged as assault or under a statute for child abuse. Many countries, including some US states, also permit the use of punishment for children in school
8.
Bigamy
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In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in context often neither the first nor second spouse is aware of the other. In countries that have laws, consent from a prior spouse makes no difference to the legality of the second marriage. In 393, the Byzantine Emperor Theodosius I issued an edict to extend the ban on polygamy to Jewish communities. In 1000, Rabbi Gershom ben Judah ruled polygamy inadmissible within Ashkenazi Jewish communities, as a consequence, nominal Christian male bigamists were subjected to unprecedented harsh punishments, such as execution, galley servitude, exile, and prolonged imprisonment. McDougall argues that female bigamists were not as harshly punished due to womens perceived absence of moral agency, in ancient China, bigamy was a punishable offence, however, concubines and mistresses were tolerated as long as they were not acquired through an official marriage. A man, at any time, could only be married to one woman. Issue with the wife enjoyed preference in inheritance and social status, most western countries do not recognize polygamous marriages, and consider bigamy a crime. Several countries also prohibit people from living a polygamous lifestyle and this is the case in some states of the United States where the criminalization of a polygamous lifestyle originated as anti-Mormon laws, although they are rarely enforced. In diplomatic law, consular spouses from polygamous countries are exempt from a general prohibition on polygamy in host countries. In some such countries, only one spouse of a polygamous diplomat may be accredited, canada, Illegal under the Criminal Code, sect 290. Up to 2 years of imprisonment, and up to 3 years for bigamy with soldiers, egypt, Legal if first wife consents Eritrea, Illegal. All the 27 countries of the European Union, Illegal, iceland, Illegal according to the Icelandic Act on Marriage No. Up to 7 years of imprisonment, Republic of Ireland, Bigamy is a statutory offence. It is committed by a person who, being married to another person, the offence is created by section 57 of the Offences against the Person Act 1861. This section replaces section 26 of the Act 10 Geo,4 c.34 for the Republic of Ireland. Iran, Legal with consent of first wife, rarely practiced, india, Legal only for Muslims but very rarely practiced. Up to ten years of imprisonment for others except in the state of Goa for Hindus due to its own civil code, indonesia, considered from each tribe, theres legal and another said illegal
9.
Homicide
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Homicide refers to one human killing another. These different types of homicides are often treated differently in human societies, some are considered crimes. Criminal homicide takes many forms including accidental or purposeful murder, the crime committed in a criminal homicide is determined by the mental state of the committing person and the extent of the crime. Instead, the individual is placed under the category of “insane”, in some jurisdictions, a homicide that occurs during the commission of a crime may constitute murder, regardless of the actors intent to commit homicide. In the United States, this is known as the felony murder rule, criminal homicides also include voluntary and involuntary manslaughter. An example of voluntary manslaughter is hitting someone with an intent to kill them, the perpetrator does not receive the same legal action against them as a person convicted of murder. While most homicides by civilians are criminally prosecutable, a right of self-defense is widely recognized, including, in dire circumstances and it goes like this, They needed killing. In essence, it was a justification for murder in the old days in Texas that the victim had horrible or violent character, a Texas jury which accepts this controversial Texas defense is hypothetically free to acquit the defendant, even if that involves disregarding the judges instructions. Penalization of juries for employing jury nullification has been forbidden since 1670 under the precedent known as Bushels Case, homicides may also be non-criminal when conducted with the sanction of the state. The most obvious examples are capital punishment, in which the state punishes a criminal with death, homicides committed in action during war are usually not subject to criminal prosecution either. Sources included multiple agencies and field offices of the United Nations, the World Health Organization, the report estimated that in 2010, the total number of homicides globally was 468,000. More than a third occurred in Africa, 31% in the Americas, 27% in Asia, 5% in Europe and 1% in Oceania. Since 1995, the rate has been falling in Europe, North America, and Asia, but has risen to a near “crisis point” in Central America. Of all homicides worldwide, 82% of the victims were men, on a per-capita scaled level, the homicide rate in Africa and the Americas is more than double the global average, whereas in Asia, Europe and Oceania it is roughly half. UNODC, in its 2013 global report, estimated the number of homicides worldwide dropped to 437,000 in 2012. Americas accounted for 36% of all homicides globally, Africa 31%, Asia 28%, Europe 5% and Oceania 0. 3%. The worlds average homicide rate stood at 6.2 per 100,000 population in 2012 and they are the most violent regions globally, outside of regions experiencing wars and religious or sociopolitical terrorism. Asia exclusive of West Asia and Central Asia, Western Europe, Northern Europe, about 41% of the homicides worldwide occurred in 2012 with the use of guns, 24% with sharp objects such as knife, and 35% by other means such as poison
10.
Kidnapping
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In criminal law, kidnapping is the abduction or unlawful transportation of a person, usually to hold the person against his or her will. This may be done for ransom, wikipedia. org/wiki/Stockholm_syndrome Kidnapping that does not result in a homicide is an offence that comes with a maximum possible penalty of life imprisonment. A murder that results from kidnapping is classified as 1st-degree, with a sentence of imprisonment that results from conviction. Part 1 allows sentencing kidnappers to maximum imprisonment of 8 years or a fine of the fifth category, part 2 allows maximum imprisonment of 9 years or a fine of the fifth category if there are serious injuries. Part 3 allows maximum imprisonment of 12 years or a fine of the fifth if the victim has been killed. Part 4 allows sentencing people that collaborate with kidnapping, part 1,2 and 3 will apply also to them. Kidnapping is an offence under the law of England and Wales. In R v D, Lord Brandon said, First, the nature of the offence is an attack on, and infringement of and this is the case regardless of the age of the child. A very small child will not have the understanding or intelligence to consent and this means that absence of consent will be a necessary inference from the age of the child. It is a question of fact for the jury whether a child has sufficient understanding. Lord Brandon said, I should not expect a jury to find at all frequently that a child under fourteen had sufficient understanding and intelligence to give its consent. If, on the hand, the child did not consent. Mode of trial Kidnapping is an indictable-only offence, sentence Kidnapping is punishable with imprisonment or fine at the discretion of the court. There is no limit on the fine or the term of imprisonment that may be imposed provided the sentence is not inordinate. The use of force to take and detain will also be regarded as an assault, law in the United States follows from English common law. The fact that a victim may have been taken across state lines brings the crime within the ambit of federal criminal law. Most states recognize different types of kidnapping and punish accordingly, New York bases its definition of first-degree kidnapping on the duration and purpose. There are several deterrents to kidnapping in the United States of America, among these are, The extreme logistical challenges involved in successfully exchanging the money for the return of the victim without being apprehended or surveiled
11.
Murder
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A murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human being with malice aforethought. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, manslaughter is a killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, in most countries, a person convicted of murder generally faces a long-term prison sentence, possibly a life sentence where permitted. In many common law jurisdictions, a convicted of murder will receive a mandatory life sentence. In jurisdictions where capital punishment exists, the penalty may be imposed for such an act, however. The modern English word murder descends from the Proto-Indo-European mrtró which meant to die, the Middle English mordre is a noun from Anglo-Saxon morðor and Old French murdre. Middle English mordre is a verb from Anglo-Saxon myrdrian and the Middle English noun, the elements of common law murder are, Unlawful killing through criminal act or omission of a human by another human with malice aforethought. Killing – At common law life ended with cardiopulmonary arrest – the total, with advances in medical technology courts have adopted irreversible cessation of all brain function as marking the end of life. Сriminal act or omission – Killing can be committed by an act or an omission. of a human – This element presents the issue of life begins. At common law, a fetus was not a human being, life began when the fetus passed through the vagina and took its first breath. By another human – In early common law, suicide was considered murder, the requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder. With malice aforethought – Originally malice aforethought carried its everyday meaning – a deliberate, Murder necessarily required that an appreciable time pass between the formation and execution of the intent to kill. The courts broadened the scope of murder by eliminating the requirement of actual premeditation and deliberation as well as true malice, all that was required for malice aforethought to exist is that the perpetrator act with one of the four states of mind that constitutes malice. The four states of mind recognized as constituting malice are, Under state of mind, intent to kill, thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. In other words, intent follows the bullet, examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims. In Australian jurisdictions, the risk must amount to a foreseen probability of death. Under state of mind, the doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape. Importantly, the underlying felony cannot be a lesser included offense such as assault, as with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation
12.
Indecent exposure
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Social and community attitudes to the exposing of various body parts and laws covering what is referred to as indecent exposure vary significantly in different countries. It ranges from outright prohibition to prohibition of exposure of certain parts, such as the genital area. Decency is generally judged by the standards of the local community, such standards may be based on religion, morality or tradition, or justified on the basis of necessary to public order. Non-sexual exhibitionism or public nudity is considered indecent exposure. If sexual acts are performed, with or without an element of nudity, this can be considered gross indecency, in some countries, exposure of the body in breach of community standards of modesty is also considered to be public indecency. The legal and community standards of what states of undress constitute indecent exposure vary considerably and these standards have also varied over time, making the definition of indecent exposure itself a complex topic. It is generally accepted, at least in countries, that a naked human body is not in itself indecent. That principle is reflected, for example, in depiction of the form in art of various forms. Nevertheless, as a rule, it is also commonly expected that people when they appear in a public place will be appropriately attired. Inappropriateness is viewed in context, so that, for example, what may be appropriate on a beach may be inappropriate in a street, school or workplace. Depending on the context, some degree of inappropriateness may be tolerated, and perhaps described as eccentric, what is an inappropriate state of dress in a particular context depends on the standards of decency of the community where an exposure takes place. There is generally no implication that the state of dress objected to is of a nature, and if such an allegation were to be made. The standards of decency have varied over time, during the Victorian era, for example, exposure of a womans legs and some extent the arms, was considered indecent in much of the Western world. Hair was sometimes required to be covered in formal occasions as in a form a hat or bonnet. As late as the 1930s and to some extent, the 1950s, an adult woman exposing her navel was also considered indecent in the West into the 1960s and 1970s, and even as late as the 1980s. Moral values changed drastically during the 1990s and 2000s, which in turn changed the criteria for indecent exposure, Public exposure of the navel has been accepted during the 1990s, such as in beaches, while in the 2000s, the buttocks can be exposed while wearing a thong. Today, however, it is common for women to go topless at public beaches throughout Europe and South America. The effects may be enhanced by intended or unintended publication of a photograph or film of the act, breastfeeding in public does not constitute indecent exposure under the laws of the United States, Canada, Australia, or Scotland
13.
Robbery
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Robbery is the crime of taking or attempting to take anything of value by force, threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to deprive the person of that property. Precise definitions of the offence may vary between jurisdictions, under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word rob came via French from Late Latin words of Germanic origin, among the types of robbery are armed robbery involving use of a weapon and aggravated robbery involving use of a deadly weapon or something that appears to be a deadly weapon. Highway robbery or mugging takes place outside or in a place such as a sidewalk, street. Carjacking is the act of stealing a car from a victim by force, extortion is the threat to do something illegal, or the offer to not do something illegal, in the event that goods are not given, primarily using words instead of actions. Criminal slang for robbery includes blagging or stick-up, and steaming, in Canada, the Criminal Code makes robbery an indictable offence, subject to a maximum penalty of life imprisonment. If the accused uses a restricted or prohibited firearm to commit robbery, there is a minimum sentence of five years for the first offence. Robbery is an offence in the Republic of Ireland. Robbery is an offence in England and Wales. Aggravated theft Robbery is the offence of aggravated theft. Aggravated robbery There are no offences of aggravated robbery and this requires evidence to show a theft as set out in section 1 of the Theft Act 1968. In R v Robinson the defendant threatened the victim with a knife in order to recover money which he was actually owed and his conviction for robbery was quashed on the basis that Robinson had an honest, although unreasonable, belief in his legal right to the money. See also R v Skivington 1 QB166,2 WLR655,131 JP265,111 SJ72,1 All ER483,51 Cr App R167, CA. It was argued that the theft should be regarded as complete by this time, and R v Gomez, should apply, the threat or use of force must take place immediately before or at the time of the theft. Force used after the theft is complete will not turn the theft into a robbery, the words or immediately after that appeared in section 23 of the Larceny Act 1916 were deliberately omitted from section 8. The book Archbold said that the facts in R v Harman and it was held in R v Dawson and James that force is an ordinary English word and its meaning should be left to the jury. This approach was confirmed in R v Clouden and Corcoran v Anderton, stealing may involve a young child who is not aware that taking other persons property is not in order
14.
Crime
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In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in criminal law, have any simple and universally accepted definition. The most popular view is that crime is a created by law, in other words, something is a crime if declared as such by the relevant. One proposed definition is that a crime or offence is an act not only to some individual. Such acts are forbidden and punishable by law, the notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What precisely is an offence is defined by criminal law of each country. While many have a catalogue of crimes called the criminal code, the state has the power to severely restrict ones liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere, usually, to be classified as a crime, the act of doing something criminal must – with certain exceptions – be accompanied by the intention to do something criminal. While every crime violates the law, not every violation of the law counts as a crime, breaches of private law are not automatically punished by the state, but can be enforced through civil procedure. With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes, authorities employ various mechanisms to regulate certain behaviors in general. In addition, authorities provide remedies and sanctions, and collectively these constitute a criminal justice system, Legal sanctions vary widely in their severity, they may include incarceration of temporary character aimed at reforming the convict. Some jurisdictions have penal codes written to inflict permanent harsh punishments, legal mutilation, usually a natural person perpetrates a crime, but legal persons may also commit crimes. Conversely, at least under U. S. law, nonpersons such as animals cannot commit crimes, the sociologist Richard Quinney has written about the relationship between society and crime. When Quinney states crime is a phenomenon he envisages both how individuals conceive crime and how populations perceive it, based on societal norms. The word crime is derived from the Latin root cernō, meaning I decide, originally the Latin word crīmen meant charge or cry of distress. The Ancient Greek word krima, from which the Latin cognate derives, typically referred to a mistake or an offense against the community. In 13th century English crime meant sinfulness, according to etymonline. com and it was probably brought to England as Old French crimne, from Latin crimen. In Latin, crimen could have signified any one of the following, charge, indictment, accusation, crime, fault, the word may derive from the Latin cernere – to decide, to sift
15.
Arson
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Arson is a crime of intentionally, deliberately and maliciously setting fire to buildings, wildland areas, abandoned homes, vehicles or other property with the intent to cause damage. It may be distinguished from other such as spontaneous combustion, accidental fires. Arson often involves fires deliberately set to the property of another or to own property in order to collect insurance compensation. A person who commits this crime is called an arsonist, more often than not, arsonists use accelerants to ignite, propel and directionalize fires. It is not required that the defendant acted intentionally or willfully for the purpose of burning a dwelling, burning – at common law charring to any part of dwelling was sufficient to satisfy this element. No significant amount of damage to the dwelling was required, any injury or damage to the structure caused by exposure to heat or flame is sufficient. Of the dwelling – dwelling refers to a place of residence, the destruction of an unoccupied building was not considered arson, since arson protected habitation, the burning of an unoccupied house did not constitute arson. Dwelling includes structures and outbuildings within the curtilage, dwellings were not limited to houses. A barn could be the subject of arson if it was occupied as a dwelling, moreover, for purposes of common law arson, possession or occupancy rather than title determines whose dwelling the structure is. Thus a tenant who sets fire to his house would not be guilty of common law arson. In many states, arson is divided into degrees, depending sometimes on the value of the property but more commonly on its use, first-degree arson – The act in which the arsonist sets fire to an occupied domain or building such as a school. Second-degree arson – The act in which the arsonist sets fire to a building such as an empty barn. Third-degree arson – The act in which the arsonist sets fire to a building or an abandoned area of space such as a field. Many statutes vary the degree of the according to the criminal intent of the accused. In the United States, the common law elements of arson are often varied in different jurisdictions, for example, the element of dwelling is no longer required in most states, and arson occurs by the burning of any real property without consent or with unlawful intent. Arson is prosecuted with attention to degree of severity in the alleged offense, first degree arson generally occurs when persons are harmed or killed in the course of the fire, while second degree arson occurs when significant destruction of property occurs. While usually a felony, arson may also be prosecuted as a misdemeanor, criminal mischief, burglary also occurs, if the arson involved a breaking and entering. A person may be sentenced to death if arson occurred as a method of homicide, as was the case in California of Raymond Lee Oyler, in New York, arson is charged in five degrees
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Bribery
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Bribery is the act of giving money, goods or other forms of recompense to a recipient in exchange for an alteration of their behavior that the recipient would otherwise not alter. Gifts of money or other items of value which are available to everyone on an equivalent basis. Offering a discount or a refund to all purchasers is a rebate and is not bribery. Giving the rebate to influence them to look favorably on the utilitys rate increase applications, however. The bribe is the gift bestowed to influence the recipients conduct, in economics, the bribe has been described as rent. Bribery in bureaucracy has been viewed as a reason for the higher cost of production of goods, one must be careful of differing social and cultural norms when examining bribery. Expectations of when a transaction is appropriate can differ from place to place. Tipping, for example, is considered bribery in some societies, in some Spanish-speaking countries, bribes are referred to as mordida. In Arab countries, bribes may be called baksheesh or shay, french-speaking countries often use the expressions dessous-de-table, pot-de-vin, or commission occulte. While the last two expressions contain inherently a negative connotation, the expression dessous-de-table can be understood as a commonly accepted business practice. In German, the term is Schmiergeld. The forms that bribery take are numerous, for example, a motorist might bribe a police officer not to issue a ticket for speeding, a citizen seeking paperwork or utility line connections might bribe a functionary for faster service. Bribery may also take the form of a commission, a profit made by an agent, in the course of his employment. Euphemisms abound for this Bribers and recipients of bribery are likewise numerous although bribers have one common denominator, Bribery around the world is estimated at about $1 trillion. The reason for this dissociation is to make the steps of a corrupt deal already an offence and, thus. Besides, such a dissociation makes the prosecution of bribery offences easier since it can be difficult to prove that two parties have formally agreed upon a corrupt deal. A grey area may exist when payments to smooth transactions are made, in some countries, this practice is the norm, often resulting from a developing nation not having the tax structure to pay civil servants an adequate salary. Nevertheless, most economists regard bribery as a bad thing because it encourages rent seeking behaviour, a state where bribery has become a way of life is a kleptocracy
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Burglary
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Burglary is an unlawful entry into a building or other location for the purposes of committing an offence. Usually that offence is theft, but most jurisdictions include others within the ambit of burglary, to engage in the act of burglary is to burgle or to burglarize. Breaking can be actual, such as by forcing open a door, or constructive. Breaking does not require that anything be broken in terms of damage occurring. Entering can involve either physical entry by a person, or the insertion of an instrument to remove property, insertion of a tool to gain entry may not constitute entering by itself. Note that there must be a breaking and an entering for common law burglary, breaking without entry or entry without breaking is not sufficient for common law burglary. Although rarely listed as an element, the law required that entry occur as a consequence of the breaking. For example, if a wrongdoer partially opens a window with a pry bar—but then notices an open door, the use of the pry bar would not constitute an entry even if a portion of the prybar entered the residence. Under the instrumentality rule the use of an instrument to effect a breaking would not constitute an entry, however, if any part of the perpetrators body entered the residence in an attempt to gain entry, the instrumentality rule did not apply. The use of the word “therein” adds nothing and certainly does not limit the scope of burglary to those wrongdoers who break, the situs of the felony does not matter, and burglary occurs if the wrongdoer intended to commit a felony at the time he broke and entered. The common law elements of burglary often vary between jurisdictions, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. According to one textbook, The word burglar comes from the two German words burg, meaning house, and laron, meaning thief, the British verb burgle is a late back-formation. In Canada, breaking and entering is prohibited by section 348 of the Criminal Code and is a hybrid offence, breaking and entering is defined as trespassing with intent to commit an indictable offence. The crime is commonly referred to in Canada as break and enter, there is no crime of burglary as such in Finland. However, if theft is committed during unlawful entering, then a person is guilty of theft or aggravated depending on the circumstances of the felony. In Sweden, burglary does not exist as an offence in itself, instead, if a person simply breaks into any premise, they are technically guilty of either unlawful intrusion or breach of domiciliary peace, depending on the premise in question. Breach of domiciliary peace is only when a person unlawfully intrudes or remains where another has his living quarters. The only punishments available for any of these offences are fines, in such cases, the maximum punishment is two years imprisonment
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Fraud
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In law, fraud is deliberate deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud itself can be a wrong, a criminal wrong or it may cause no loss of money, property or legal right. The purpose of fraud may be monetary gain or other benefits, a hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a victim. In common law jurisdictions, as a wrong, fraud is a tort. Proving fraud in a court of law is said to be difficult. In cases of a fraudulently induced contract, fraud may serve as a defense in an action for breach of contract or specific performance of contract. Fraud may serve as a basis for a court to invoke its equitable jurisdiction, in common law jurisdictions, as a criminal offence, fraud takes many different forms, some general and some specific to particular categories of victims or misconduct. The elements of fraud as a crime similarly vary, section 380 of the Criminal Code provides the general definition for fraud in Canada,380. In addition to the penalties outlined above, the court can issue a prohibition order under s.380.2. It can also make an order under s.380.3. The Canadian courts have held that the offence consists of two elements, A prohibited act of deceit, falsehood or other fraudulent means. The Supreme Court of Canada has held that deprivation is satisfied on proof of detriment, prejudice or risk of prejudice, it is not essential that there be actual loss. Deprivation of confidential information, in the nature of a secret or copyrighted material that has commercial value, has also been held to fall within the scope of the offence. The BBC World Service reported in 2012 that the value lost through fraud in the UK was £66 billion a year. According to a review by the UK anti-fraud charity Fraud Advisory Panel business fraud accounted for £144bn, the FAP has been particularly critical of the support available from the police to victims of fraud in the UK outside of London. In July 2016 it was reported that fraudulent activity levels in the UK increased in the 10 years to 2016 from £52 billion to £193bn. This figure would be an estimate, since as the former commissioner of the City of London Police, Adrian Leppard, has said. Donald Toon, director of the NCAs economic crime command, stated in July 2016, Fraud affects one in ten people in the UK
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Larceny
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Larceny is a crime involving the unlawful taking of the personal property of another person or business. It was an offence under the law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. However, larceny remains an offence in parts of the United States and in New South Wales, Australia, the word larceny is a late Middle English word, from the Anglo-Norman word larcin, or theft. Its probable Latin root is latrocinium, a derivative of latro, the common law offence of larceny was abolished on 1 August 2002. However, proceedings for larceny committed before its abolition are not affected by this, the common law offence of larceny was codified by the Larceny Act 1916. It was abolished on 1 January 1969, for all purposes not relating to offences committed before that date and it has been replaced by the broader offence of theft under section 1 of the Theft Act 1968. This offence did incorporate some of the terminology and substance of larceny, the common law offence of larceny was abolished on 1 August 1969, for all purposes not relating to offences committed before that date. It has been replaced by the offence of theft under section 1 of the Theft Act 1969. In the United States, larceny is a common law crime involving theft, under the common law, larceny is the trespassory taking and carrying away of the tangible personal property of another with the intent to deprive him or her of its possession permanently. In almost all states, it has become a crime through codification. In the state of New South Wales, the common law offence of larceny is punishable with up to 5 years imprisonment. Whilst section 117 of the New South Wales Crimes Act specifies the punishment for larceny, it is silent on the elements of the offence, the leading authority on larceny in NSW is the High Court case of Ilich. This case stipulates the mens rea and actus reas elements required to be proven by the prosecution for a successful conviction, Larceny is a crime against possession. Furthermore, it has two elements which must be met, the taking of the property, even if momentarily. Larceny involves the taking of property from possession of another. To understand larceny, one must understand the distinction between custody and possession, a person has possession of property when he has actual physical control over the property or he has the right to exercise considerable control over the disposition or use of the property. A person has custody if he has actual physical control of the property, examples of custody would be a store customer examining the goods of a merchant, or an employee who has been given the property of his employer to be used in his employment. This is to be contested to, for example, a person who has obtained possession of the property by fraud
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Pickpocketing
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Pickpocketing is a form of larceny that involves the stealing of money or other valuables from the person of a victim without them noticing the theft at the time. It requires considerable dexterity and a knack for misdirection, a thief who works in this manner is known as a pickpocket. Pickpockets and other thieves, especially those working in teams, sometimes apply distraction and these distractions sometimes require sleight of hand, speed, misdirection and other types of skills. Pickpockets may be found in any crowded place around the world, however, Barcelona and Rome were recently singled out as being particularly dangerous pickpocket havens. As soon as the thieves have what they want, they simply get off at the next stop leaving the victim unable to figure out who robbed them and when. Pickpocketing skills are employed by some magicians as a form of entertainment, borra, arguably the most famous stage pickpocket of all time, became the highest-paid European performer in circuses during the 1950s. For 60 years he was billed as the King of Pickpockets and encouraged his son, Charly, to follow in his cunning trade, kassagi, a French-Tunisian illusionist, acted as technical advisor on Robert Bressons 1959 film Pickpocket and appeared as instructor and accomplice to the main character. George Barrington is also referenced in the film, james Freedman, also known as The Man of Steal, created the pickpocket sequences for the 2005 film Oliver Twist directed by Roman Polanski. Smith Journal of Australia has described Americas Thomas Blacke as one of the top pickpockets in the world, Famous fictional pickpockets include The Artful Dodger and Fagin, characters from the Charles Dickens novel Oliver Twist. George Barringtons escapades, arrests, and trials, were chronicled in the late 18th century London press. The 17th and 18th centuries saw an important number of men and women pickpockets, operating in public and/or private places. Some of those pickpockets were caught and prosecuted for their theft, however, in most cases, indeed, at the time, pockets were not yet sewn to clothes, as they are today. This means that pockets were a little purse that people close to their body. This was especially true for women, since mens pockets were sewn into the linings of their coats, womens pockets were worn beneath a piece of clothing, and not as opposed to pouches or bags hanging outside their clothes. These external pockets were still in fashion until the mid 19th century, pickpocketing in the 18th century was a gender diverse crime, meaning that many men and many women committed this crime. Alongside with shoplifting, pickpocketing was the type of crime committed by more women than men. This means that the theft was, in cases, not premeditated. However, some pickpockets did work as a gang, in which cases they planned thefts, one reason that may explain why women pickpockets were older is that most of women pickpockets were prostitutes
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Possession of stolen goods
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Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods some other way. If the individual did not know the goods were stolen, then the goods are returned to the owner, however, there are often exceptions, due to the difficulty of proving or disproving an individuals knowledge that the goods were stolen. Where the value of the property is greater than $5,000, the punishment on indictment is 10 years for possession only. Otherwise, the maximum on indictment is two years and five respectively, or alternatively punishment by summary conviction. In the United Kingdom this offence is known as Handling stolen goods and this offence is created by section 21 of the Theft Act 1969. In Scotland, this crime is called reset and it includes property that was taken by theft or robbery as well as property taken by breaches of trust including embezzlement, fraud and willful imposition. The offence of handling stolen property is created by section 17 of the Criminal Justice Act,2001, in the United States, Receipt of stolen property is a federal crime under 18 U. S. C. §2315, defined as receiving, concealing, or disposing of stolen property with a value of at least $5,000 that also constitutes interstate commerce. A person can be guilty of that offense only if all of the following facts are proven. The items were moving as, or constituted a part of, the items had a value in excess of $5,000. The person acted knowingly and willfully, the government must prove beyond a reasonable doubt that the person either received, concealed, stored, sold, or disposed of the stolen property. To be guilty of the offense, a person must know that the property had been stolen, but he need not know that it was moving as, or constituted a part of, interstate commerce. The term interstate commerce merely refers to the movement of property from one U. S. Also, in many states, the burden to prove criminal intent is not as stringent or is nonexistent. This means that one can be charged with the crime - usually a minor degree of felony - even if the person did not know the item in question was stolen. In the Ohio case of State v. Awad, the goods did not need to actually be stolen, receiving stolen property and possession of stolen property are treated as separate offenses in some jurisdictions. The distinguishing element is when the person knew that the property was stolen, if the person knew that the property was stolen at the time he received it, the crime is receiving stolen property. If the person did not know the property was stolen at the time she received it but found out after receiving possession, the state must prove that the defendant received or possessed the property for a dishonest purpose. If, for example, the person acquired possession for the purpose of returning the property to its lawful owner, no crime has been committed
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Smuggling
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There are various motivations to smuggle. Examples of non-financial motivations include bringing banned items past a security checkpoint or the removal of classified documents from a government or corporate office, Smuggling is a common theme in literature, from Bizets opera Carmen to the James Bond spy books Diamonds are Forever and Goldfinger. The verb smuggle, from Low German schmuggeln or Dutch smokkelen, apparently a frequentative formation of a meaning to sneak. Smuggling has a long and controversial history, probably dating back to the first time at which duties were imposed in any form, in England smuggling first became a recognised problem in the 13th century, following the creation of a national customs collection system by Edward I in 1275. Medieval smuggling tended to focus on the export of highly taxed export goods — notably wool, merchants also, however, sometimes smuggled other goods to circumvent prohibitions or embargoes on particular trades. Most studies of historical smuggling have been based on official sources — such as court records, according to Dr Evan Jones, the trouble with these is that they only detail the activities of those dumb enough to get caught. This has led him and others, such as Prof Huw Bowen to use records to reconstruct smuggling businesses. Grain smuggling by members of the elite, often working closely with corrupt customs officers, has also been shown to have been prevalent in East Anglia during the later 16th century. In England wool was smuggled to the continent in the 17th century, the principal reason for the high duty was the need for the government to finance a number of extremely expensive wars with France and the United States. The thievery was boasted about and romanticized until it seemed a kind of heroism and it did not have any taint of criminality and the whole of the south coast had pockets vying with one another over whose smugglers were the darkest or most daring. The Smugglers Inn was one of the commonest names for a bar on the coast, in Henley Road, smuggling in colonial times was a reaction to the heavy taxes and regulations imposed by mercantilist trade policies. After American independence in 1783, smuggling developed at the edges of the United States at places like Passamaquoddy Bay, St. Marys in Georgia, Lake Champlain, and Louisiana. During Thomas Jeffersons embargo of 1807-1809, these places became the primary places where goods were smuggled out of the nation in defiance of the law. Like Britain, a gradual liberalization of laws as part of the free trade movement meant less smuggling. In 1907 President Theodore Roosevelt tried to cut down on smuggling by establishing the Roosevelt Reservation along the United States-Mexico Border, Smuggling revived in the 1920s during Prohibition, and drug smuggling became a major problem after 1970. In the 1990s, when sanctions were imposed on Serbia. The state unofficially allowed this to continue or otherwise the entire economy would have collapsed, much smuggling occurs when enterprising merchants attempt to supply demand for a good or service that is illegal or heavily taxed. As a result, illegal trafficking, and the smuggling of weapons, as well as the historical staples of smuggling, alcohol
