Crime and its types
In this we will discuss about crime and its types including felonies, Misdemeanors, Infraction, Petty Offenses , Personal Crimes, Property Crimes, Inchoate Crimes, Statutory Crimes etc.
BASIC OF FORENSIC SCIENCE
Crime and its types
Objectives-
◦ What is crime
◦ Classification of crime based on –
Nature of Offense – personal crime, property crime, inchoate and Statutory Crimes
Seriousness – felonies, Misdemeanors, infractions and Petty offences
Crime based on common sociological classification – white collar, blue collar, organized and cyber crime
What is crime –
◦ Legal Definition - A crime is any act or omission that is forbidden by law (or penal code) as a violation of the public interest.
◦ Social Definition - Crime is any behavior that offends the collective conscience of society, even if it’s not codified in law. It's judged based on social norms and values.
◦ Psychological definition - Crime is the result of abnormal or maladaptive behavior stemming from psychological conditions or personality traits
Classification of crime –
1. Based on Seriousness
· Felonies
· Misdemeanors
· Infraction
Felonies –
◦ Felonies were the most serious class of criminal offense and were uniformly punishable by death.
◦ The modern definition of a felony is any serious crime that is punishable by more than a year of imprisonment or by death.
◦ Felonies include, but are not limited to, various degrees of homicide, rape, robbery, possession or distribution of illegal narcotics, and arson.
◦ A crime does not have to be violent or even be perpetrated against a specific individual victim to constitute a felony. For example, white-collar crime, a term that covers several types of felonies relating to dishonesty in commercial matters, is generally nonviolent.
Misdemeanors -
◦ The common law classified all crimes that were not felonies as misdemeanors.
◦ Every state has different level of misdemeanors based on different classes like
◦ Class 1 – class 4
◦ Class 5 – class 8
◦ As these classes increases seriousness of crime decreases.
◦ Modern law defines a misdemeanor as a crime that is less serious than a felony and is usually punishable by fines, penalties, or incarceration of less than one year.
◦ Examples – shoplifting, domestic violence with no serious bodily injury
Infraction-
◦ Infractions consist of minor criminal offenses.
◦ Most infractions are punished by fines instead of jail time and do not require attendance in court.
◦ Infractions are classified as local crimes against traffic or noise violation laws. Although an infraction is considered to be a minor case, failure to resolve the penalty charges within the deadline could lead to greater consequences.
◦ For example, multiple points on a license could lead to license suspension or revocation. In addition, the accumulation of infractions could develop into a misdemeanor or possible jail time. Different infraction cases include
◦ Running a stop sign, Speeding while driving, Violation of building codes, Littering, Disobeying seat belt law etc.
Petty Offenses –
◦ A petty offense is any insignificant crime involving very minor misconduct. Petty offenses often consist of violations that protect the public welfare.
◦ Usually called violations or infractions rather than crimes
◦ A common example of a petty offense is a traffic violation. Petty offenses are usually not punishable by incarceration, but by monetary fines or community service requirements.
2. Based on Nature of Offense
· Personal Crimes
· Property Crimes
· Inchoate Crimes
· Statutory Crimes
Personal Crimes –
◦ “Offenses against the Person”
◦ These are crimes that result in physical or mental harm to another person. Personal crimes include:
◦ Assault, Battery, False Imprisonment, Kidnapping
◦ Homicide – crimes such as first and second degree, murder, and involuntary manslaughter, and vehicular homicide
◦ Rape, sexual assault and other offenses of a sexual nature
Property Crimes –
◦ “Offenses against Property”
◦ These are crimes that do not necessarily involve harm to another person. Instead, they involve an interference with another person’s right to use or enjoy their property.
◦ Property crimes include:
◦ Larceny (theft), Robbery (theft by force) – Note: Robbery is also considered a personal crime since it results in physical and mental harm.
◦ Burglary (penalties for burglary), Arson, Embezzlement, Forgery etc.
Inchoate Crimes –
◦ “Inchoate” translates into “incomplete”
◦ Meaning crimes that were begun, but not completed. This requires that a person take a substantial step to complete a crime, as opposed to just “intend” to commit a crime. Inchoate crimes include:
◦ Attempt – any crime that is attempted like “attempted robbery”
◦ Solicitation.
Statutory Crimes –
◦ A violation of a specific state or federal statute and can involve either property offenses or personal offense.
◦ Statutory crimes include: Alcohol-related crimes such as drunk driving (DUI), Selling alcohol to a minor.
3. Crime based on common sociological classification –
White collar crime - Coined by criminologist Edwin Sutherland, white-collar crime refers to non-violent, financially motivated crimes committed by individuals,
◦ Typically in professional or business settings, through deceit, concealment, or a violation of trust.
◦ E.g. – bribery, money laundering, Embezzlement (Misappropriation of funds by someone entrusted with managing them) etc.
Blue collar crime - Typically refers to crimes committed by individuals from lower socioeconomic backgrounds.
◦ These crimes often involve direct physical action, force, or immediate personal gain. They are generally less complex in execution than white-collar crimes and are often more visible, leading to higher rates of detection and arrest.
◦ E.g. – theft, burglary, vandalism, and include crime against person or property.
Organized crime –
◦ Organized crime refers to criminal activities carried out by structured, hierarchical groups or networks that operate on a continuing basis, often across geographical boundaries, with the primary goal of generating illicit profit.
◦ E.g. - Drug Trafficking, Human Trafficking/Smuggling, Illegal Gambling
Cyber-crime –
◦ Cybercrime (as an organized enterprise), while individual cybercriminals might engage in white-collar cybercrime, large-scale, coordinated cyberattacks for financial gain or state-sponsored espionage often fall under organized crime.
◦ E.g. – phishing, vishing, data theft, hacking etc.
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