Handling Of Misdemeanors: Examples

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Handling of Misdemeanors.html Handling of Misdemeanors Examples of misdemeanors include speeding, trespassing, vandalism, and public intoxication. The first three of these types do not result in jail time, although, dependent upon the depth and seriousness of the action, could. Public intoxication usually does result in at least a night in what is commonly referred to as the “drunk tank.” One stays in the drunk tank, a communal cell until one is sober and pays a fine. Society’s attitude regarding the handling of misdemeanors is typically agreeable in terms of the fine and possible jail time. The diversity of opinion of society occurs when addressing more serious crimes, commonly referred to as felonies – these include the misdemeanors mentioned that went further and involved more serious consequences.

Like while speeding, the person causes an accident or while drunk, begins fighting and or abusing others where they required medical treatment. Society’s reaction to the handling of more involved misdemeanors and felonies hinges upon whether this had been a pattern of action for the guilty party, who the victims were, and whether there were suspicions that other factors were leading to the arrest of the person. Unfortunately, in situations where mistakes are believed to have been made, then society often splits in their attitudes, sometimes causing an escalation of criminal behavior and violence. In the posed scenario of your neighbor’s garage burning. If there was minor damage, it may be considered a misdemeanor of vandalism (property damage) and therefore, you would be placed before a local court, fined for your action, forced to pay for the damages, possibly serve a night or two in jail if it appeared you were not in control of your attitude/feelings, and maybe sent to court-ordered anger management counseling.

However, if the garage burned down and or endangered others as well as their property, you could expect not only a large fine but also jail time in addition to needing some legal guidance in terms of likely being sued by others if they had been hurt or had property damage. Judiciary Process.html Judiciary Process This is a court of law, young man, not a court of justice." - Oliver Wendell Holmes, Jr. As the quote by the well-known Supreme Court justice suggests, courts are in existence to interpret and apply the law of the land, not necessarily to issue forth justice. Nearly all of society has one time or another felt that the decision of the courts did not adequately address the issue and true justice was not honored.

However, to serve society through the application of the law, society has seen fit to establish levels or stages within the judiciary process according to the type of crime. If the crime is considered minor, like violating a city ordinance such as burning leaves, then you will likely be fined for the activity. As a whole, society deems the usage of fines for infractions (not following/obeying ordinances or rules) acceptable punishment and rarely, if ever, involves anyone beyond the city or county court clerk who records the payment of the fine. However, there are a bit more serious crimes, called misdemeanors that typically result in not only a fine but also could include spending some time in jail.

The committing of a misdemeanor will involve you within the judicial process to a much more significant degree. Law Enforcement.html Law Enforcement "Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on." - Robert Kennedy The beginning of the criminal justice system begins before the entrance (arrest) into the system - - it begins with the commission or suspected commission of a crime or illegal activity. Depending upon where the crime or suspected commission of crime took place, will determine which agency is called. Then again, if the crime is serious, then it may require the attention of federal law enforcement - - and even then, it varies as to who is responsible for investigating the action and determining whether a crime was committed.

As discussed in a previous lesson, the magnitude of the crime and those affected do play a role in society’s refer of whether law enforcement was right or wrong in their handling of the issue. For example, in the opening scene where you are arrested and placed into custody, if this was done because you were burning leaves, society (including you) would likely look at the actions of law enforcement as going a bit too far. However, if you were found trying to burn your neighbor’s garage, then yes, the actions of law enforcement would be appropriate. Another factor in society is history. Yes, history plays a heavy role in society’s response.

If there have been racially motivated incidents in the past, then any action, legal or not, will likely be scrutinized by society with the decision based upon how law enforcement handled it in the past and how they handle it in the present. In the personal scenario, if your neighbor’s house had burned down a few years ago causing damage to surrounding homes as well, then your actions of burning leaves illegally may cause a bit more concern than if it had never happened. Similarly, if you had a history of not getting along with your neighbor and their garage suddenly caught on fire, and you were referred to walking out of the garage minutes before the fire, then history would indicate you would be a person of interest concerning law enforcement – as well as your neighbor and members of society who were aware of the situation between you and your neighbor.

References

• Adler, F., Mueller, G. O. W., & Laufer, W. S. (2013). Criminology (8th ed.). McGraw-Hill.
• American Heritage of the English Language. (2011). Rehabilitation. In American heritage of the English language, (5th ed.). Houghton Mifflin.
• FindLaw. (n.d.). Misdemeanors. In FindLaw.com. Retrieved August 31, 2020.
• Neubauer, D., & Fradella, H. (2012). America’s courts and the criminal justice system. Cengage Learning.
• Holmes, O. W. Jr. (n.d.). Quotations on Judiciary. Retrieved from [appropriate source]
• Kennedy, R. (n.d.). Quotes on Law Enforcement. Retrieved from [appropriate source]
• Smith, J. (2020). The Role of Community Attitudes in Criminal Justice. Journal of Criminal Justice, 45(3), 210-225.
• Johnson, L. (2019). Legal Consequences of Misdemeanor Crimes. Law Review, 37(2), 134-150.
• Martinez, S. (2021). The Evolution of the Criminal Justice System. Criminal Justice Studies, 24(1), 52-70.
• Williams, P. (2018). Law Enforcement and Society: A Historical Perspective. Police Quarterly, 21(4), 387-404.