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A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.
Disfranchisement, also disenfranchisement or voter disqualification, is the restriction of suffrage of a person or group of people, or a practice that has the effect of preventing someone from exercising the right to vote. Disfranchisement can also refer to the revocation of power or control of a particular individual, community, or being to the natural amenity they have; that is to deprive of a franchise, of a legal right, of some privilege or inherent immunity. Disfranchisement may be accomplished explicitly by law or implicitly through requirements applied in a discriminatory fashion, through intimidation, or by placing unreasonable requirements on voters for registration or voting. High barriers to entry to the political competition can disenfranchise political movements.
Life imprisonment is any sentence of imprisonment for a crime under which convicted criminals are to remain in prison for the rest of their natural lives. Crimes that warrant life imprisonment are extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.
Parole is a form of early release of a prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison.
A parole board is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge. Parole boards are used in many jurisdictions, including the United Kingdom, the United States, and New Zealand. A related concept is the board of pardons and paroles, which may deal with pardons and commutations as well as paroles.
In the United States, habitual offender laws have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors or infractions.
Mutulu Shakur was a convicted murderer, New African activist, and a member of the Black Liberation Army who was sentenced to sixty years in prison for his involvement in a 1981 robbery of a Brinks armored truck in which a guard and two police officers were murdered.
Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
Following the historic Lindbergh kidnapping, the United States Congress passed a federal kidnapping statute—known as the Federal Kidnapping Act, 18 U.S.C. § 1201(a)(1) —which was intended to let federal authorities step in and pursue kidnappers once they had crossed state lines with their victim. The act was first proposed in December 1931 by Missouri Senator Roscoe Conkling Patterson, who pointed to several recent kidnappings in the Missouri area in calling for a federal solution. Initial resistance to Patterson's proposal was based on concerns over funding and state's rights. Consideration of the law was revived following the kidnapping of Howard Woolverton in late January 1932. Woolverton's kidnapping featured prominently in several newspaper series researched and prepared in the weeks following his abduction, and were quite possibly inspired by it. Two such projects, by Bruce Catton of the Newspaper Enterprise Association and Fred Pasley of the Daily News of New York City, were ready for publication within a day or two of the Lindbergh kidnapping. Both series, which ran in papers across North America, described kidnapping as an existential threat to American life, a singular, growing crime wave in which no one was safe.
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.
The U.S. Probation and Pretrial Services System, also called the Office of Probation and Pretrial Services, part of the Administrative Office of the United States Courts, is the probation office of the federal judiciary of the United States. It serves the United States district courts in all 94 federal judicial districts nationwide and constitutes the community corrections arm of the Federal Judiciary. It administers probation and supervised release under United States federal law enforced by probation officers.
The United States Parole Commission is the parole board responsible for granting or denying parole to, and supervising the parole releases of, incarcerated individuals who fall under its jurisdiction. It is part of the United States Department of Justice.
In the United States, life imprisonment is the most severe punishment provided by law in states with no valid capital punishment statute, and second-most in those with a valid statute. According to a 2013 study, 1 of every 2 000 inhabitants of the U.S. were imprisoned for life as of 2012.
The Sentencing Act of 1987 enacted some changes to the federal sentencing regime in the United States. The legislation amended to permit expressly departures based on circumstances of an exceptional "kind" or "degree". The insertion of this new language was described by the manager of the House bill, Representative John Conyers, as "clarifying" in nature because it simply made explicit in the law that which was previously described in the Senate Committee Report as implicit and intended. There is evidence that under the new regime, sentences may not have increased as much as expected: although the average prison term for trial sentences increases post‐reforms, there is no systematic increase in the average length of the pleas.
Federal parole in the United States is a system that is implemented by the United States Parole Commission. Persons eligible for federal parole include persons convicted under civilian federal law of offenses which were committed on or before November 1, 1987, persons convicted under District of Columbia law for offenses committed before August 5, 2000, "transfer treaty" inmates, persons who violated military law who are in federal civilian prisons, and persons who are defendants in state cases and who are under the U.S. Marshals Service Witness Protection Program.
The Comprehensive Crime Control Act of 1984 was the first comprehensive revision of the U.S. criminal code since the early 1900s. It was sponsored by Strom Thurmond (R-SC) in the Senate and by Hamilton Fish IV (R-NY) in the House, and was eventually incorporated into an appropriations bill that passed with a vote of 78–11 in the Senate and 252–60 in the House. It was then signed into law by President Ronald Reagan. Among its constituent parts and provisions were:
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.
References
- ↑ "An Overview of the United States Sentencing Commission" (PDF). United States Sentencing Commission. United States Sentencing Commission. Retrieved 9 August 2011.
- ↑ Barry L. Johnson. "Sentencing Reform Act (1984)". eNotes. Retrieved 9 August 2011.
- ↑ "FREQUENTLY ASKED QUESTIONS ABOUT THE LACK OF PAROLE FOR FEDERAL PRISONERS " (Archive). Families Against Mandatory Minimums. p. 2/4. Retrieved 13 December 2015.
- ↑ Stith, Kate; Koh, Steve Y. (1993). "The Politics of Sentencing Reform: The Legislative History of the Federal Sentencing Guidelines". Faculty Scholarship Series. Yale Law School. Retrieved 9 August 2011.