суббота, 4 февраля 2012 г.

Crime and Punishment

A crime is a serious offence such as murder or robbery. A punishment is a penalty imposed on somebody who is convicted of a crime. A punishment could be, for example, time in prison or a fine.
There is an important difference between criminal law and civil law. Criminal law deals with matters such as murder. Civil law deals with matters such as contracts or divorce. The police are not normally involved in civil law.
Questions from law breakers or suspected criminals
Why did you pull me over?
Have I done something wrong?
Is this illegal?
What are my rights?
Can I call a lawyer?
Where are you taking me?
Can I make a phone call?
Questions police may ask a suspected criminal
Are you carrying any illegal drugs?
Do you have a weapon?
Does this belong to you?
Whose car is this?
Where were you at eight last night?

Informing someone of laws and police procedures
You are under arrest.
Put your hands on your head.
I am taking you to the police station.
Please get in the police car.
You will have to pay a fine for this.
I will give you a warning this time.
I'm going to write you a ticket.
We'll tow your car to the station.
Smoking in restaurants is illegal in this country.
It is against the law to do drugs in public.

Types of crime
http://www.englishclub.com/english-for-work/police-crime.htm






Types of Sentences

Listed below are the types of sentences imposed:
A concurrent sentence is served at the same time as another sentence imposed earlier or at the same proceeding.
A consecutive (or cumulative) sentence occurs when a defendant has been convicted of several counts, each one constituting a distinct offense or crime, or when a defendant has been convicted of several crimes at the same time. The sentences for each crime are then "tacked" on to each other, so that each sentence begins immediately upon the expiration of the previous one.
A deferred sentence occurs when its execution is postponed until some later time.
A determinate sentence is the same as a fixed sentence: It is for a fixed period of time.
A final sentence puts an end to a criminal case. It is distinguished from an interlocutory or interim sentence.
An indeterminate sentence, rather than stating a fixed period of time for imprisonment, instead declares that the period shall be "not more than" or "not less than" a certain prescribed duration of time. The authority to render indeterminate sentences is usually granted by statute in several states.
A life sentence represents the disposition of a serious criminal case, in which the convicted person spends the remainder of his or her life in prison.
A mandatory sentence is created by state statute and represents the rendering of a punishment for which a judge has/had no room for discretion. Generally it means that the sentence may not be suspended and that no probation may be imposed, leaving the judge with no alternative but the "mandated" sentence.
A maximum sentence represents the outer limit of a punishment, beyond which a convicted person may not be held in custody.
A minimum sentence represents the minimum punishment or the minimum time a convicted person must spend in prison before becoming eligible for parole or release.
A presumptive sentence exists in many states by statute. It specifies an appropriate or "normal" sentence for each offense to be used as a baseline for a judge when meting out a punishment. The statutory presumptive sentence is considered along with other relevant factors (aggravating or mitigating circumstances) in determining the actual sentence. Most states have statutory "presumptive guidelines" for major or common offenses.
A straight or flat sentence is a fixed sentence without a maximum or minimum.
A suspended sentence actually has two different meanings. It may refer to a withholding or postponing of pronouncing a sentence following a conviction or it may refer to the postponing of the execution of a sentence after it has been pronounced.

http://criminal.findlaw.com/criminal-procedure/types-of-sentences.html

Federal crimes

What is a federal crime?

A federal crime is an act that is unlawful under federal legislation or that occurs on federal property. Federal crimes also involve unlawful acts that cross state lines (such as interstate or international drug trafficking, for example).

The Federal Bureau of Investigation (FBI) has jurisdiction to investigate federal offenses. Other federal government agencies may become involved for particular issues, such as the Drug Enforcement Administration (DEA) for drug crimes or the SEC (Securities and Exchange Commission) for insider trading or securities fraud. Federal sentencing guidelines are typically severe in regard to the penalties which can be assessed for a federal conviction. Federal prosecutors will, in most cases, do whatever they can to pursue maximum penalties. Additionally, the resources which federal agencies have at their disposal are extensive. Federal investigators and prosecutors may also be more experienced than those at a state level.

Federal crimes are tried in federal court, where rules, procedures and guidelines are different than in state court. Because of these differences and the harsh consequences of a federal crime conviction, it is particularly important to work with a lawyer who is familiar with challenging criminal charges, dealing with federal investigators and prosecutors and who has the resources to properly handle your case.

Examples of Federal Crimes

Counterfeiting
 Creating a false replica of an object of value and attempting to pass it off as real may constitute the federal offense of counterfeiting. Counterfeiting money used to be punishable by death. Though the penalties today are less severe, they may still include imprisonment and heavy fines. 

Bank Fraud
 Defrauding or attempting to defraud a federally insured bank is a serious crime that may result in decades of imprisonment and a fine of up to one million dollars.

Government Fraud
 Devising and carrying out, or even attempting to carry out, a scheme to defraud any type of government organization or agency may be considered government fraud, an extremely serious federal crime.

Mail Fraud
 If a person is accused of using the postal system to carry out or attempt to carry out a scheme to defraud, he or she may face federal charges. Depending on the target/s and the amount of money involved, extreme penalties may be enforced upon a conviction. 

Wire Fraud
 Using the internet, radio, television or other interstate "wires" in an attempt to commit fraud may constitute the criminal act of wire fraud. If a bank or other financial institution is the intended target, a defendant may face imprisonment and fines of up to one million dollars.

Hate Crimes
 Hate crimes, crimes committed against another person because of their religious beliefs, nationality, race, political beliefs, disability or sexual orientation, are typically investigated by federal agencies and handled in federal court. 

Internet Crimes

Many internet crime are considered federal offenses because they involve crossed state lines or national borders. This may include such offenses as child pornography, identity theft and fraud.

Kidnapping
 Though not always charged as a federal crime, the FBI or other federal agencies may become involved if an alleged kidnapper crosses state lines with his or her victim or commits kidnapping offenses in multiple states. 

Money Laundering

Often associated with organized crime, money laundering involves the process of making money that was obtained through criminal activity appear to have come from a legitimate source. 

Tax Evasion

Considered a form of fraud, tax evasion involves fraudulently completing tax returns or misrepresenting financial information in order to avoid paying tax. The IRS (Internal Revenue Service) typically investigates tax fraud cases.

Terrorism Charges
 Terrorism is defined as using violence or intimidation to induce fear or submission, or to cause harm, typically for political gain. Terrorism charges are taken very seriously by federal agencies, and a defendant may find that his or her rights seem severely limited in the face of an investigation or formal charges of this kind. 

http://www.findacriminaldefenseattorney.com/Information-Center/Types-of-Crimes/Federal-Crimes.aspx

Theft crimes

Theft Crime 

A theft crime is an illegal act that involves taking another's property against their will, without their knowledge or by way of deceit. While some theft crimes are violent crimes, others are classified as white collar crimes. Typically, most types of fraud (theft by deception) are considered white collar crimes.

Generally speaking, a theft crime may be classified as petty theft or grand theft. This classification will be dependent upon the value of property, goods or money that was allegedly taken. The penalties for a theft crime will depend not only upon what state/county has jurisdiction, but also upon the specific crime. For instance, such factors as the use of a weapon or causing injury to another may result in the enforcement of enhanced penalties.

Types of Theft Crimes

For more information on specific types of theft crimes, feel free to review the topics we have highlighted below:

Embezzlement
 Embezzlement is a white collar theft crime that involves taking or misappropriating funds that have been placed in one's care. It may also be referred to as employee theft or employee fraud.

Fraud
 Fraud is a type of theft that involves using deception to take another's property, goods or other valuables. It may be committed in various ways and may be charged as a state or federal crime depending on the specific situation. Penalties will also vary widely depending on the amount of money taken as well as other factors.

Grand Theft Auto
 Taking another's vehicle may be considered auto theft or grand theft auto, depending on the jurisdiction. This is often a felony offense, with the possibility of prison time if the defendant is convicted.

Identity Theft
 Personal information, whether it is one's bank account number, social security number or credit card information, is extremely valuable. Unlawfully obtaining and using another person's personal or financial information in this way may be classified as identity theft, with harsh penalties enforced if the defendant is convicted.

Robbery
 Also a type of violent crime, robbery may be best described as theft by force. It may involve taking another's property from their immediate possession or presence by way of threats, force or violence. 

Burglary
 Also referred to as "breaking and entering", burglary is the criminal act of unlawfully entering or remaining on another's property with the intent of committing theft or another crime.

Carjacking
 Carjacking is essentially robbery of a motor vehicle. A defendant may face carjacking charges if he or she is accused of using threat of violence or physical force to take another person's car, truck or other vehicle. 

Consequences of a Theft Crime Conviction


The penalties enforced for a theft crime conviction will vary drastically depending on the jurisdiction, the defendant's criminal history (if any), the amount of property involved and whether violence was used to carry out the crime. In addition to facing jail or prison time, fines and other criminal penalties, a person convicted of theft may face a future with limited opportunities in education, employment and even housing or finances. One's reputation may never fully recover.

http://www.findacriminaldefenseattorney.com/Information-Center/Types-of-Crimes/Theft-Crimes.aspx

White Collar Crimes

What is a white collar crime?

"White collar crime" is a term used to describe a broad range of criminal offenses typically committed by individuals in a business, political or financial environment. Most of these are non-violent theft crimes, and many may be charged at a state and/or federal level. Because they may involve complex financial transactions and high-profile politicians or business executives, white collar cases should be approached with the utmost care.

The following are some of the most common types of white collar crimes:

Embezzlement
 This offense involves unlawfully transferring or misappropriating assets that are entrusted to one's care. Anyone from a CEO to an accountant to a store clerk may face embezzlement charges if accused of taking money for personal gain.

Fraud
 Fraud may be described as "theft by deception". It occurs when a person devises a scheme to take another's money or property through misrepresentation, deceit or outright lies.

Counterfeiting
 Though it used to mostly apply to money, counterfeiting today includes creating false replicas of designer goods, artwork, legal documents and money.

Identity Theft
 Identity theft is a type of white collar crime that occurs when one takes another's personal information (credit card number, social security number, etc.) in order to assume their identity, usually for financial gain. 

Forgery
 Altering or creating a false replica of a document, work of art, signature or banknote may constitute the criminal act of forgery. This is a serious white collar crime that may be harshly penalized. 

Public Corruption

Public corruption is somewhat of an umbrella term used to describe criminal offenses wherein a person is using his or her public office for personal gain. It may include bribery, extortion, embezzlement and similar crimes.

Tax Evasion
 Also referred to as tax fraud, tax evasion is described as the act of purposefully misrepresenting financial information or committing fraud in order to avoid paying taxes.

Extortion
 The general definition of extortion is obtaining money or other valuable goods or services from another person through force or threats. It may include blackmail, threats of property damage or physical harm or threats of unfavorable government action.

Bribery
 It is illegal to offer a person in an official position money or other valuables in exchange for the performance of an official act. Bribery may involve individuals in public office, law enforcement officers or even sports officials.

Insider Trading
 When a person is accused of trading on the stock exchange based off confidential, "insider" information, this may be referred to as insider trading. Imprisonment and heavy fines may be enforced for a conviction of this kind.

Money Laundering
 Money laundering is a complex process that involves making illegally obtained money appear to have come from a legitimate source, thus enabling it to be utilized. 

The FBI and White Collar Crimes
The FBI (Federal Bureau of Investigation), SEC (Securities and Exchange Commission) and other federal agencies are often involved in the investigation and prosecution of white collar crimes. Federal agencies such as the FBI usually have more resources than local law enforcement agencies and may conduct long-term investigations in order to build the maximum amount of physical evidence against a suspect. These cases are therefore best handled by attorneys who have the resources and experience to effectively counteract efforts on the part of federal investigators and prosecutors.

http://www.findacriminaldefenseattorney.com/Information-Center/Types-of-Crimes/White-Collar-Crimes.aspx

Violent Crimes

An Overview of Violent Criminal Offenses

Violent crimes are generally some of the most serious criminal offenses a person may be accused of committing. These involve criminal acts committed against another person, involving the attempt, threat or infliction of bodily harm. The penalties for violent crimes are typically harsh and may threaten one's freedom or very life. In some states, for example, first degree murder is punishable by the death penalty. Many violent crimes also will count as "strikes" under a state's three strikes law, meaning a second "strike" will result in enhanced penalties and a third may result in a life prison sentence.

Specific state laws regarding violent crimes and their penalties will vary depending upon where you live, so it is important to discuss your case with a lawyer to determine what penalties apply in your state.

Types of Violent Crimes

Some common types of violent crimes are listed below.

Murder
 Though the specific definition may vary by state, murder may be defined as unlawfully killing another human being, with premeditation and malice aforethought. This violent crime may be classified as first degree murder or second degree murder depending on the circumstances of the alleged offense. 

Manslaughter

 A lesser form of criminal homicide than murder, manslaughter may involve the crime of killing another human being without preplanning or malice aforethought, such as by criminal negligence or in the heat of passion. A defendant may face charges of voluntary or involuntary manslaughter, depending on the particular case.

Kidnapping
 The basic description of kidnapping is taking another person by force, often for ransom. The specific definition may vary under state and federal law, as may the penalties that a defendant will face if convicted.

Assault
 A person who is accused of threatening or attempting to cause injury to another person may face assault charges. Depending on the jurisdiction in which the alleged offense occurred and whether the defendant is accused of using a deadly weapon, assault may be charged as a misdemeanor or a felony.

Battery
 While assault may refer to an attempt or threat of bodily harm, battery may describe the act itself. Battery may also include touching another person against their will, even if no bodily injury is caused.

Rape
 Also considered a sex crime, forcible rape may be considered a violent crime. This may involve forcing another person to engage in sexual intercourse against their will, by physical force or threats. 

Domestic Violence
 When violence occurs between family members, spouses, ex-spouses or people who share a residence, this may be referred to as domestic violence. These cases are aggressively investigated and harshly prosecuted nationwide.

Carjacking
 Carjacking is a violent theft crime. A defendant may face these charges if he or she is accused of taking another person's motor vehicle against their will and from their immediate possession or presence. 

Robbery
 Another violent theft crime, robbery is a type of theft committed by force, violence or threats of injury to another person. It is typically charged as a felony, with enhanced penalties if the defendant is accused of carrying or using a deadly weapon.

Hate Crimes
 Committing a crime against another person for reasons of prejudice due to their sexual orientation, race, nationality, religious or political beliefs or disability may be considered a hate crime. The FBI often investigates these offenses, and harsh penalties may be enforced upon those convicted of these criminal acts. 

http://www.findacriminaldefenseattorney.com/Information-Center/Types-of-Crimes/Violent-Crimes.aspx

Drug Crimes

A drug crime is a criminal offense that involves controlled substances. These include various manmade and naturally occurring substances that are regulated by the government, such as marijuana, prescription drugs, cocaine, heroin, ecstasy, methamphetamine and various other narcotics.

There are a number of different crimes that may be related to controlled substances. Some of these include:

Possession

One may face criminal charges for possessing an illegal drug or for unlawfully possessing a prescription drug without a valid prescription. Penalties for this offense will vary greatly depending on the type of drug and the amount.

Cultivation
 Except for in certain circumstances where it is recognized for its medicinal value, one may face arrest and felony charges for growing marijuana. 

Manufacturing
 Certain drugs may be created through specific chemical processes, and offenses of this nature are referred to as manufacturing. This is one of the more serious drug crimes that a person may be accused of committing and is typically charged as a felony.

Sale / Distribution
 It is illegal to sell or distribute controlled substances. Drug crimes of this kind are often charged as felonies, and if committed within a certain distance of a school or church, a defendant may face increased penalties. 

Trafficking
 Typically the most serious type of drug offense a person may be accused of committing, drug trafficking may involve a number of different actions related to importing, exporting, smuggling, selling and manufacturing narcotics. 

Driving Under the Influence

Though most people associate DUI with alcohol, a driver may face criminal charges for driving under the influence of drugs as well. This may apply to prescription drugs, over-the-counter medication and illegal narcotics. 

About Controlled Substances and Drug Crimes

Controlled substances include a great number of narcotics, such as: methamphetamine (meth), cocaine, heroin, marijuana, speed, ecstacy and opiates. Some drugs are created using substances or plants found in nature (such as marijuana or peyote) and others are created using chemical procedures (such as meth).

Drug crimes are serious offenses which can result in misdemeanor or felony charges, and a conviction (depending upon the jurisdiction and the specific charges) may result in imprisonment in county jail or state prison, fines, drug rehabilitation, counseling, probation, community service and more. The serious nature of these crimes and the considerable impact they may have on all aspects of your life make involving a criminal defense lawyer all the more important.

http://www.findacriminaldefenseattorney.com/Information-Center/Types-of-Crimes/Drug-Crimes.aspx