Misdemeanor in the context of "Summary offence"

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⭐ Core Definition: Misdemeanor

A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with prison time of no longer than one year, monetary fines, or community service.

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Misdemeanor in the context of Inquisitorial system

An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the plaintiff or prosecution and the defense.

Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia (except Hong Kong), Indochina, Thailand, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors or infractions, such as minor traffic violations.

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Misdemeanor in the context of Public safety

Public security or public safety is the prevention of and protection from events that could endanger the safety and security of the public through significant injury or property damage. It is often conducted by a state government to ensure the protection of citizens, persons in their territory, organizations, and institutions against threats to their well-being, survival, and prosperity.

The public safety issues that a municipality, county, regional, or federal jurisdiction may handle include crimes (ranging from misdemeanors to felonies), structure fires, conflagrations, medical emergencies, mass-casualty incidents, disasters, terrorism, and other concerns.

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Misdemeanor in the context of Menacing

Terms such as menacing, brandishment or brandishing refer to criminal offenses in many U.S. states which are generally defined as displaying a weapon with the intent of placing another person in fear of imminent physical injury or death.

Such implied threats can constitute extortion if used to coerce a decision. Depending on the jurisdiction, degrees of offense range from a misdemeanor for first-time offenders, to low- to mid-level felonies for offenders with a prior menacing charge. Self-defense is often explicitly given as an exception.

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Misdemeanor in the context of Felony

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 (from the French medieval word "félonie") 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.

In many common-law jurisdictions, such as England and Wales, Ireland, Canada, Australia, and New Zealand, crimes are no longer classified as felonies or misdemeanors. Instead, crimes are classified by mode of trial as indictable offences, triable by jury, which are usually more serious, and summary offences, triable by summary procedure without a jury, which are usually less serious.

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Misdemeanor in the context of Illegal immigration to the United States and crime

Crimes committed by illegal immigrants in the United States is a legal and political issue in the United States. In the United States, illegal immigration is a federal offense under 8 U.S.C. § 1325. The maximum punishment, six months' prison term for the first offense, is equivalent to a misdemeanor in United States law, which is lower than a felony. The issue of crimes committed by illegal immigrants to the United States is a topic that is often asserted by more conservative politicians and media outlets when discussing immigration policy in the United States.

There is scholarly consensus that illegal immigrants commit less crime than natives. Sanctuary cities—which limit or deny cooperation with the national government in enforcing immigration law—have no statistically meaningful impact on crime, and may reduce the crime rate. Research suggests that immigration enforcement has no impact on crime rates. Some commentators argue that some of the claims linking immigration to crime are made in bad faith.

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Misdemeanor in the context of New York City Criminal Court

The Criminal Court of the City of New York is a court of the State Unified Court System in New York City that handles misdemeanors (generally, crimes punishable by fine or imprisonment of up to one year) and lesser offenses, and also conducts arraignments (initial court appearances following arrest) and preliminary hearings in felony cases (generally, more serious offenses punishable by imprisonment of more than one year).

It is a single citywide court. The Deputy Chief Administrative Judge for the New York City Courts is responsible for overseeing the day-to-day operations of the NYC trial-level courts, and works with the Administrative Judge of the Criminal Court in order to allocate and assign judicial and nonjudicial personnel resources. One hundred seven judges may be appointed by the Mayor to ten-year terms, but most of those appointed have been transferred to other courts by the Office of Court Administration.

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Misdemeanor in the context of Triable either way

A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, for theft.

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Misdemeanor in the context of High, middle and low justice

High, middle and low justices are notions dating from Western feudalism to indicate descending degrees of judicial power to administer justice by the maximal punishment the holders could inflict upon their subjects and other dependents. The scale of punishment generally matched the scale of spectacle (e.g. a public hanging = high justice), so that in France, Paul Friedland argues: "The degree of spectacle [was] originally the basis for a distinction between high and low justice", with an intervening level of 'middle justice', characterised by limited or modest spectatorship, added around the end of the fourteenth century.

Low justice regards the level of day-to-day civil actions, including voluntary justice, minor pleas, and petty offences generally settled by fines or light corporal punishment. It was held by many lesser authorities, including many lords of the manor, who sat in justice over the serfs, unfree tenants, and freeholders on their land. Middle justice would involve full civil and criminal jurisdiction, except for capital crimes, and notably excluding the right to pass the death penalty, torture and severe corporal punishment, which was reserved to authorities holding high justice, or the ius gladii ("right of the sword").

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