Explain reckless domestic violence. Do you agree that “A reckless domestic violence assault qualifies as misdemeanor crime of domestic violence” under the federal statute? Why or why not? 200 or more words
write your own words no cites or references
Explain reckless domestic violence. Do you agree that “A reckless domestic violence assault qualifies as misdemeanor crime of domestic violence” under the federal statute? Why or why not? 200 or more
MCJ 5135, Theory of Crime and Criminology 1 Cou rse Learning Outcomes for Unit VI Upon completion of this unit, students should be able to: 5. Differentiate between felony and misdemeanor crime s. 5.1 Describe methods for classifying felony crimes in a specific jurisdiction. 5.2 Describe methods for classifying misdemeanor crimes in a specific jurisdiction. 5.3 Contrast felony and misdemeanor crimes. Course/Unit Learning Outcomes Learning Activity 5.1 Unit lesson; Sykes v. United States ; PowerPoint Presentation 5.2 Unit lesson; Voisine et al. v. United States ; PowerPoint Presentation 5.3 Unit lesson; PowerPoint Presentation Reading Assignment In order to access the following resources, click the links below: Issue : Definition of a violent felony under the residual clause of the Armed Career Criminal Act (ACCA) —only read Justice Scalia’s dissenting opinion. Sykes v. United States , 564 U.S. 1, (2011). Retrieved from https://advance -lexis – com.libraryresources.columbiasouthern.edu/api/permalink/a1ca77f8 -07e1 -402f -aebc – 22497bb7 1b93/?context=1516831 Issue: Can a misdemeanor violation be treated like a felony in reference to the Second Amendment of the Constitution? Voisine et al. v. United States , 572 U. S., (2016). Retrieved from https://www.supremecourt.gov/opinions/15pdf/14 -10154_19m1.pdf Unit Lesson Usefulness of Felony and Misdemeanor Classification The concept of distinguishing felonies from misdemeanors is easy for most jurisdictions. If the punishment is equal to or more than a one -year incarceration, then the crime is a felony. If the punishment is less than a one -year incarceration, then it is a misdemeanor. For criminal justice practitioners, this classification is just the beginning; the problem is the classification itself —what crimes or criminal behavior gets the felony tag? This is important because a felony conviction can destroy a person’s life. Some of the effects of a felony conviction are discussed below. Take the right to vote, for example. Each state has its own rules about whether felons can vote. Check your jurisdiction here . There are some surprises, such as the ones listed in the states below: UNIT VI STUDY GUIDE Felony and Misdemeanor Crimes MCJ 5135, Theory of Crime and Criminology 2 UNIT x STUDY GUIDE Title Kentucky: Only the governor can restore voting rights to an ex -offender; Florida: Ex -felons must apply for clemency after a five – or seven -year wait; Maine: There is no loss of rights; voting can be done via absentee ballot from jail or prison; Mississippi: This state is spl it—some criminal acts do not result in a loss of voting rights; others require a governor’s pardon; and Vermont: This state is the same as Maine —no loss of rights (Aberdeen Digital, 2016). Should ex -felons own guns? Ex -felons can never own a gun or even o ne bullet unless their conviction is expunged and all civil rights are reinstated. There are some exceptions. For example, ex -felons found guilty of antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to th e regulation of business practices are not treated the same as felons convicted of other crimes (18 U.S.C. § 921, 2012). Can an ex -felon become a lawyer? Surprisingly, the answer is yes with the exception of four jurisdictions: Kansas, Mississippi, Texas, and the Northern Mariana Islands, and even these jurisdictions have exceptions. In Texas, felons can be barred absolutely from practicing law only for five years after completion of probation; in the Northern Mariana Islands, a full pardon is required (Na tional Conference of Bar Examiners and American Bar Association, 2015). For your jurisdiction, check out the following link to the Comprehensive Guide to Bar Admission Requirements 2015 here . Classifications of criminal acts and behavior provide guidance for a court when deciding what type of incarceration or mandatory program fits the crime. Criminal justice professionals need to understand the types of facilities avai lable in the relevant jurisdiction. Juvenile: In the United States, incarceration of minors includes but is not limited to youth detention centers, juvenile detention centers, juvenile halls and others. These facilities are further defined as detention c enters that include secure detention and secure confinement. Secure detention is generally similar to a holding facility for juveniles who may be a danger to society but have not had their cases heard. Secure confinement, on the other hand, generally refer s to correctional facilities for adjudicated juveniles. One does not use the term convicted when referring to juvenile offenders unless they are tried as an adult. It is important to keep in mind that juvenile detention of any kind is never intended to be punitive. Juvenile offenders technically become wards of the state with the state acting as parent. The most common programs for juveniles are residential programs consisting of actual detention, corrections, camp, and community -based and residential trea tment. There is no uniformity across states and territories, so the names and methods vary. As a criminal justice professional, understanding what is available in the relevant jurisdiction is paramount. Minimum security : As the name implies, security is n ot a primary concern, and the majority of these facilities are often dormitory style. Generally, non -violent and white -collar criminals are sentenced to these facilities. Medium security: These facilities are what the general population refers to as priso n. Personal freedoms are few, and management structures the lives of the inmates. Cage -style accommodations are generally standard. Close security: The population is generally housed in single or double cells containing toilet facilities. Prisoners only l eave their cells for work programs and use of common areas. Maximum security and supermax facilities: Each prisoner is considered dangerous, and the ratio between guards and prisoners is the highest of all facilities. Psychiatric: These facilities are b est described as quasi -hospitals with guards. Courts decide whether convicted felons are deemed mentally unfit to be placed in the general populations of any of the above facilities. If convicted felons are deemed mentally unfit, they are placed in psychia tric facilities. Military: All branches of the military have their own prison facilities to house military prisoners, prisoners of war, and sometimes persons who violate national security laws. Traditionally, each branch had its own facilities, but, recently, several military facilities have been converted to joint prisons. The Uniform Code of Military Justice contains the codification of military offenses and the adjudicating courts are military. MCJ 5135, Theory of Crime and Criminology 3 UNIT x STUDY GUIDE Title Federal or state system: With the exception of the mi litary prison system, the above descriptions generally refer to state and territorial facilities. The federal government has its own facilities for persons convicted of federal crimes. Each of these systems has unique histories and traditions that have mat ured with time. For example, in Unit VIII of this course, you will be introduced to the Atlanta Federal Prison, which was referred to as Al Capone’s Country Club. The days of the country club prisons where money and favors were the basis of luxury have cea sed to exit. The federal system now has a supermax prison, officially known as the United States Penitentiary, Administrative Maximum Facility (ADX) located in Fremont County, Colorado. This facility only houses men. Women, who warrant special management b ecause of violence or escape attempts are confined in an administrative unit of the Federal Medical Center Carswell, in Fort Worth, Texas. Felony Classification There are three basic methods of classifying crimes: classes and levels; no subcategories; an d a hybrid approach combining both of these. California has the simplest form of classification; it allows its legislature to assign a punishment for each codified criminal act ( California Penal Code ). North Carolina has the highest number of separate cate gories of felonies ranging from Class A (death or life without parole) to Class I felony (three to 12 months incarceration). Note that while North Carolina refers to the Class I as a felony, its incarceration time is less than one year, and representative crimes are making a terroristic threat and larceny of a dog (North Carolina Criminal Code). How does it affect civil rights issues when a Class I felon from North Carolina discloses the conviction was for a felony? North Carolina clears up one portion of the civil rights issue under its Restoration of Firearms Rights GS § 14 – 415.4 (2011), which may be found here . The purpose of providing a link to the North Carolina code section is to help you understand what is required by states that classify all crimes as felonies. The majority of states, on the other hand, simplify their classification systems by distinguishi ng between felony and misdemeanor criminal acts and behaviors. Expungements and dismissals: Every jurisdiction has specific procedure for dismissing and expunging convictions. The importance of this procedure cannot be understated. For example, there is a little -known traffic rule in some states that requires all vehicles to stop upon exiting a parking lot, even though there is no stop sign or other visual reference directing the stop. In California, there is no rule to stop, but a driver must yield to tr affic before re -entering the road. On the other hand, Kansas requires all vehicles to stop before emerging from a parking lot. For example, an interstate truck driver exits a parking lot without stopping, even though there is no traffic anywhere on the adj oining roads. He is stopped and cited with a moving citation with one point annotated on his driving records. On first reading this scenario, it seems trivial, but consider the situation from the point of view of the professional truck driver. One year aft er the point assessment on his driving record, he is denied employment by a major trucking concern because of the point. He loses the opportunity to increase his income and be provided a new tractor. This promotion failure costs his family approximately a $40,000 annual increase in his income ($72,000 to $112,000 with a new rig). He will continue to live in an apartment complex and be unable to purchase a home. His only recourse is petitioning the Kansas court for dismissal of the judgment and expungement of his driving record. The company will hire him once this is done. Kansas does allow dismissal and expungement of misdemeanors and infractions when the expungement would be in the best interests of justice. A Kansas court may be petitioned for the dismiss al or expungement to resolve barriers to employment. As a criminal justice practitioner, you may question how it is possible for states to have different laws that affect interstate travel differently. In a federal republic, this is always possible because states have the right to enact their own laws, and, as noted above, the laws can differ in substance and classification. Conclusion The classification of felonies and misdemeanors should not be taken lightly; various classifications and elements of cri mes differ between jurisdictions. As noted above, quality of life can be severely affected by the subject matter of this unit, especially when writing charges for possible prosecution. There has been, is now, and will probably continue to be a tendency to overcharge arrested persons to ensure they are, at a minimum, convicted. MCJ 5135, Theory of Crime and Criminology 4 UNIT x STUDY GUIDE Title References 18 U.S.C. § 921(a) (20) (2012 ) Aberdeen Digital. (2016). Felony disenfranchisement: State by state felon voting rights. Retrieved from https://exoffenders.net/felon -vo ting -rights/ California Penal Code § 1. Part 1: Crimes and Punishments. Retrieved from http://codes.findlaw.com/ca/penal -code/#!tid=NE1FA1FDCFC9645E0A0AC912DC7452FE9 National Conference of Bar Examiners and the American Bar Association. (2015). Comprehensive Guide to Bar Admission Requirements 2015. Retrieved from http://www.americanbar.org/content/dam/aba/publications/misc/legal_education/2015_comprehensive _guide_to_bar_admission_requirements.authcheckdam.pdf NC Gen Stat G.S. 14 -415.3 (2011). North Carolina Criminal Code. Article 81B: Structured Sentencing of Pe rsons Convicted of Crimes. Retrieved from http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15A/Article_81B.pdf Suggested Reading To further explore the classification of crime in your area, research and read your jurisdiction’s cod es on classifying crimes and criminal behavior. In order to access the following resource, click the link below: Issue : Does incarceration in the super max prison violate a prisoner’s rights under the Fourteenth Amendment to the Constitution. Read the cas e below to find out. Wilkinson v. Austin , 545 U.S. 209 (2005). Retrieved from https://www.supremecourt.gov/oral_arguments/argument_transcripts/2004/04 -495.pdf Learning Activities (Nong raded) Nong raded Learning Activities are provided to aid students in their course of study. You do not have to submit them. If you have questions, contact your instructor for further guidance and information. Prepare a matri x of your jurisdiction’s code sections versus range of sentencing. Be prepared to cross – reference the classification of a crime. For example, Texas Penal Code; Title 7. Offenses Against Property; Chapter 30, Burglary and Criminal Trespass, Section 30.02 Bu rglary; Section 30.02 Burglary, d). An offense under this section is a felony of the first degree if: 1) the premises are a habitation; and 2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committ ed or attempted to commit a felony other than felony theft. The second step is to determine penalty. For the example above, it would be: First -degree felony —five to 99 years in a state prison and/or fine of not more than $10,000. You may pick any crimes of interest to you to complete this activity.