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Classification of Crimes

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There are a variety of crimes that can be committed by individuals. Some crimes, such as murder or kidnapping, are considered serious crimes by society. Other crimes, such as speeding or trespassing, are not considered serious. Although all crimes mean a violation of the law, there's a wide range of punishments that can be imposed on a criminal.

The classification of a crime is based on the extent of punishment that can be given for committing it. The punishment is usually based on the seriousness of the crime. States may differ as to the classification of any particular crime. A crime committed in one state may be classified differently than if it was committed in another state.

Felony Crimes

A felony is considered a serious crime. Most states and the federal government classify a crime that's punishable by more than one year in prison as a felony. Some states consider a felony as any crime that's punishable by any length of time in prison. A felony that's punishable by death is considered a capital crime.

There are many different crimes that are considered felonies in most states. Some common felonies include:

  • Murder

  • Rape

  • Burglary

  • Kidnapping

  • Arson

  • Robbery

Misdemeanor Crimes

A misdemeanor is considered a less serious crime. Most states and the federal government classify a crime that's punishable by less than one year in prison as a misdemeanor. Some states consider a misdemeanor as any crime that's punishable only by fine or a small length of time in jail. If a misdemeanor is considered a very minor offense, such as jaywalking, the crime may be classified as a petty offense.

There's a wide variety of crimes that are considered misdemeanors in most states. Some common misdemeanors include:

  • Public intoxication

  • Trespassing

  • Speeding

  • Prostitution

  • Vandalism

  • Use of a false ID

Whether a crime is considered a felony or a misdemeanor will many times depend on any aggravating factors. These are factors that make a crime more serious. For example, the theft of a very inexpensive item from a store may be considered a misdemeanor. However, the theft of multiple items that are worth thousands of dollars may be considered a felony.

Crimes against the Person

A crime against the person is a crime that's committed using direct harm or force against the victim. Usually the most serious crimes, such as murder or rape, are crimes against the person. These crimes are many times felonies because of the seriousness of harming another person. However, some lower level crimes, such as harassment or assault without a weapon, may be considered misdemeanors.

Crimes against Property

A crime against property is a crime that's committed by damaging or intruding on the property of the victim. Burglary and arson are two crimes against property that are normally felonies. Criminal mischief, which involves the intentional destruction of property, goes from a misdemeanor to a felony based on the value of the damage. Criminal trespass is usually classified as a misdemeanor.

Theft and Fraud Crimes

There are a wide variety of theft and fraud crimes that involve illegally taking a victim's property. Whether a theft or a fraud crime is a misdemeanor or a felony usually depends on the value of the property stolen and the method used to commit the crime. A fraud crime is a crime in which deception is used to cause another person to suffer financial harm. Robbery, which is the taking of property from another using force, is classified as a felony.

Crimes against Public Order

A crime against public order is a crime that harms the community. Some examples include disorderly conduct, public lewdness, and prostitution. Many crimes against public order are considered misdemeanors. However, if a minor child is a victim, the misdemeanor may be raised to a felony.

Drug-Related Crimes

Crimes relating to drugs involve manufacture, possession, distribution and sale. Possessing a small amount of illegal drugs will usually be classified as a misdemeanor. However, distributing and selling large amounts of illegal drugs will almost always be classified as a felony.

Questions for Your Attorney

  • What type of aggravating factors could turn a misdemeanor vandalism crime into a felony?

  • What value amount makes a theft crime be classified as a felony? What if I didn't know the stolen items were worth that much?

  • Does the age and education level of the criminal matter when classifying whether a crime is a felony or a misdemeanor? What about the intent of the criminal?

Corruption in is a significant problem that impacts the lives of Russia’s citizens. Russia is on the 146th place out of 180 in the published by . According to some expert estimates, the market for corruption in the country exceeded US$240 billion in 2006.[1]

According to a poll conducted in early 2010, 15% of Russians reported to have paid a bribe in the past 12 months.[2] The overall amount of bribes in the Russian economy skyrocketed from $33 billion to more than $400 billion per year in Putin's government, according .[3]

President has made fighting corruption one of the top agendas of his presidency, and has launched an .

History

For a long time, the corruption of officials in Russia was legal: up to 18th century, government officials had lived through "кормления" ("feedings" – i.e. resources provided by those interested in their area of business).

Since 1715, accepting a bribe in any form became a crime, as officials began to receive fixed salaries. However, the number of officials under had increased so much that salaries came to be paid irregularly, and bribes, especially for officials of lower rank, again became their main source of income. Soon after the death of Peter, the system of "Кормление" was restored and fixed salaries only returned with . The salaries of civil servants were paid in , which in the beginning of the 19th century began to depreciate greatly in comparison with metallic money. Insecurity within the again led to increased corruption.

In , bribery was considered a activity, and the Criminal Code in 1922 made it punishable by death.

According to a survey conducted in 2006 63% of Russians had a negative or highly negative view on taking bribes, but only 51% had the same views on giving bribes (with 37% being neutral on this issue). At the same time 38% percent had a negative or highly negative view on reporting about the cases of corruption to the police.[4]

On 20 November 2009, the adopted a law "On general principles of public service delivery and performance of public functions", which allows officials to make the citizens pay for "public services" and "public function". According to the authors of the law it is intended to make it easier for the citizens and organizations to have the public services delivered for them; however, according to the Russian parliamentary opposition parties and , this effectively legalizes corruption.[5]

[] Statistical evaluations

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2.58

2.27

2.4

2.4

2.1

2.3

2.7

2.7

2.8

2.4

2.5

2.3

2.1

2.2

3.2 (21st; last place)

5.16 (28th out of 30)

5.9 (22nd; last place)

Scores are on a 0–10 scale, 10 being best (least corrupt / bribery least necessary).

In modern Russia, it is widely accepted that corruption is one of the main obstacles to the country's economic development. In 2006, the First Deputy of the reported that according to some expert estimates, the market for corruption in the country exceeded US$240 billion.[1] According to INDEM fund, this number is even larger: in the business sphere alone in Russia, corruption volume increased from US$33 billion to US$316 billion between 2001 and 2005 (not taking into account corruption on the levels of federal-level politicians and business elites). The average bribe that Russian businessmen offer to civil servants increased from US$10,000 to US$136,000. More than half of adult population has direct experience in giving bribes.

The fact that there is legal basis, permitting civil servants to illegally enrich themselves (in Russia, for example, there recently appeared a new term, measuring how "bribe-permissive" each individual law is), through demanding bribes or through illegal privatization, or special privileges for civil servants, leads to a large difference between legal and illegal income for civil servants.

Income of civil servants engaged in government, has been growing. In 2005, their income increased 44.1%. This by far exceeds average income growth for the rest of the population, which grew by 21.3%. Comparing quality of life with official salary gives an idea about the level of illegal income. The poorest segments of society lose the most to corruption, because they have the least financial possibilities than wealthier citizens.

On 26 September 2007, published their World corruption perception index. Russia was 143 out of 180, with the rating of 2.3. According to the head of Russian division of TI, Elena Panfilova, there is a "stabilization of corruption" tendency in Russia, where its ratings don't change (from 2.4 in 2005 or 126 out of 158, to 2.5 in 2006 or 121 out of 163). Kirill Kabanov, President of the National Anti-corruption committee of Russia, believes that there is no real fight against corruption in Russia: arrests of middle level civil servants do nothing to curb corruption, and there is no real anti-corruption policy.

The 2009 TI study showed that the global financial crisis only encouraged corruption: in the last year it grew globally by 9%. Corrupt civil servants and politicians in developing countries, including Russia, receive annually US$20-US$40 billion in bribes. According to TI, Russian corruption, as of September 2009, was on par with that in Bangladesh, Kenya, and Syria – 147th place out of 180. According to the Investigation committee of the Gosprokuratura, the number of registered bribes grew from 6700 in 2007 to 8000 in 2008. According to MVD, from January to August 2009, 10 581 cases of graft were registered – 4% more than a year prior. The number of registered bribes of large amounts (more than 150,000 ) grew by 13.5% to 219.