Identify the different categories for each of the following, and analyze the dif
ID: 2775911 • Letter: I
Question
Identify the different categories for each of the following, and analyze the differences between them in terms of elements and also punishment.
Violent Crimes
Property Crimes
White Collar Crimes
Do you think that the consequences for the violent, property and white collar crimes should be the same or different? Why?
Proof in criminal cases must be "beyond a reasonable doubt" for there to be a conviction. Is such a high standard likely to lead to many guilty defendants getting off? Use cases to justify your answer.
Explanation / Answer
Crimes are defined by criminal law, which refers to a body of federal and state rules that prohibit behavior the government deems harmful to society. If one engages in such behavior, they may be guilty of a crime and prosecuted in criminal court.
Violent Crime
There are three degrees of assault in violent crime: 1st Degree which is intentionally inflicted bodily harm and may result in a felony murder charge; 2nd Degree which differs from 1st Degree in that it may use a potentially deadly weapon, but death neither resulted nor was it intended and 3rd Degree which is a misdemeanor assault causing bodily injury. Homicide, domestic violence, aggravated battery, hate crimes, rape, and physical and sexual abuse of an adult or a child all fall under the category of violent crime.
Property Crime
Property crime is defined as non-violent removal, without permission, of someone else’s property, usually for the financial benefit of the alleged thief. Common types of property crime include burglary or breaking and entering into a residence or business, and stealing property; theft of items from a store or a person, (i.e. purse snatching and motor vehicle theft); and arson, which is an intentionally started fire that takes property from another through destruction. In the 21st century, intellectual property theft has also become prosecutable as a property crime; this crime involves usurping someone else’s thoughts or idea(s) and profiting from it
White Collar Crime
Even in the 21st century, the definition of white collar crime hasn’t been completely nailed down. Since the 1930s, the FBI has operated on a loose definition which includes most of the non-vice elements of organized crime, perpetrated by “person(s) of respectability and high social status.” Generally, white collar crime is committed against a business by a person who is a high ranking employee of that business. White collar crime is non-violent in that the perpetrator doesn’t directly cause bodily harm to anyone, but the results of his actions may be injurious, i.e. inspire violence in the victims or cause suicides.
The consequences for the violent, property and white collar crimes should be differ from one crime to the other.
Crimes are often classified according to the level of seriousness, such as the distinction between felony and misdemeanor crimes. Generally, the differences are:
State laws may further divide the categories of crimes into subcategories. For example, Offenses against the Person may be divided into the categories of “Violent Crimes” and “Non-Violent Crimes”. Some states also place sexual crimes in their own category. These categories are also developed for the purpose of sentencing.
Finally, crimes can also be divided according to criminal intent. The major intent categories are General Intent Crimes and Specific Intent Crimes. These labels refer to the state of mind that a defendant must have in order to be found guilty of a crime. This is a difficult concept to master, but can be very important to your defense if you are charged with a crime.