felony and misdemeanour

felony and misdemeanour
In Anglo-American law, two categories of criminal offense.

A crime is classed as one or the other according to its seriousness. In U.S. law, a felony is typically defined as a crime punishable by a term of imprisonment of not less than one year. Misdemeanours are often defined as offenses punishable only by fines or by short terms of imprisonment in local jails. Crimes in Britain are classified into indictable offenses (which may be tried by a jury) and summary offenses (which may be tried by a judge without juries). Codes in Europe also distinguish offenses of greater dangerousness from lesser crimes.

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crime
      in Anglo-American law, classification of criminal offenses according to the seriousness of the crime.

      U.S. jurisdictions generally distinguish between felonies and misdemeanours. A class of minor offenses that may be described as petty offenses or quasi-crimes is also recognized. These last offenses are created by local ordinance, and the requirement of trial by jury does not apply.

      In U.S. law, the classification of a crime as a felony or misdemeanour is ordinarily determined by the penalties attached to the offense. A felony is typically defined as a crime punishable by a term of imprisonment of not less than one year. Misdemeanours are often defined as offenses punishable only by fines or by short terms of imprisonment in local jails. A consequence of commission or conviction of a felony rather than a misdemeanour is that the offender may lose some of his civil rights.

      Crimes in England are classified into indictable offenses (which may be tried by a jury) and summary offenses (which may be tried summarily without juries). Indictable offenses are further divided into treasons, other felonies, and misdemeanours. The law of England has employed no consistent principle to determine the classification of an offense as a felony. In some instances, crimes classified as misdemeanours involve greater social peril than many statutory felonies, and penalties for misdemeanours may exceed those for felonies.

      The distinction between felony and misdemeanour is less significant for modern law than formerly, and many commentators have questioned its utility. Classifications distinguishing offenses of greater dangerousness from lesser crimes appear in continental European codes: thus, the French penal code distinguishes between délits and contraventions (see crime, délit, and contravention). The classification of offenses in English and U.S. law has been criticized as capricious and unsatisfactory.

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Universalium. 2010.

См. также в других словарях:

  • felony — fel·o·ny / fe lə nē/ n pl nies: a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor; specif: a federal crime for which the punishment may be death or imprisonment for more than a year see also attainder,… …   Law dictionary

  • misdemeanour — mis‧de‧mea‧nour [ˌmɪsdɪˈmiːnə ǁ ər] , misdemeanor noun [countable] 1. a bad or unacceptable action that is not very serious, at least from a legal point of view 2. LAW a crime that is not as serious as a felony (= very serious crime such as… …   Financial and business terms

  • misdemeanour — a crime that was not punishable by death and forfeiture. See felony. Collins dictionary of law. W. J. Stewart. 2001 …   Law dictionary

  • misdemeanour — (US misdemeanor) ► NOUN 1) a minor wrongdoing. 2) Law a non indictable offence, regarded in the US (and formerly the UK) as less serious than a felony …   English terms dictionary

  • felony — ► NOUN (pl. felonies) ▪ a crime, typically one involving violence, regarded in the US and other judicial systems as more serious than a misdemeanour. DERIVATIVES felonious adjective feloniously adverb …   English terms dictionary

  • felony — fel|o|ny [ˈfeləni] n plural felonies [U and C] law a serious crime such as murder →↑misdemeanour …   Dictionary of contemporary English

  • felony — noun (plural felonies) a crime regarded in the US and many other judicial systems as more serious than a misdemeanour. Derivatives felonious adjective feloniously adverb …   English new terms dictionary

  • misdemeanour — (US misdemeanor) noun a minor wrongdoing. ↘Law a non indictable offence, regarded in the US (and formerly the UK) as less serious than a felony …   English new terms dictionary

  • crime, délit, and contravention — ▪ criminal law       three classifications of criminal offense that are central to the administration of justice in many Roman and civil law countries (for distinctions in Anglo American law covering analogous offenses, see felony and… …   Universalium

  • Misprision of felony — Criminal law Part of …   Wikipedia


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