Misdemeanors are "lesser" criminal acts which are generally punished less severely than felonies; but more so than infractions. In some jurisdictions, those who are convicted of a misdeameanor are known as misdemeanants. Depending on the jurisdiction, examples of misdemeanors may include: petty theft, prostitution, simple assault, trespass, vandalism, and the like. In general, misdemeanors are crimes with a maximum punishment of less than one year imprisonment. Those people who are convicted of misdemeanors are often punished with probation, community service or part-time imprisonment, served on the weekends. In many jurisdictions, misdemeanor convicts who are incarcerated serve their time in a local jail, whereas those convicted of a felony who are sentenced to more than one year serve their time in a prison.
As a matter of legal history, many misdemeanours now represent what were originally described as trespasses against the peace, a phrase which is equivalent to a "tort" or delict, accompanied by circumstances calling for prosecution in the interest of the Crown_ and the public as well as for civil proceedings by the injured parties.
A misdemeanour may be tried on an information filed by the attorney-general or by leave of the high court without the indictment essential in cases of treason and felony.
A trial for misdemeanour may proceed in the absence of the defendant, who is not "given in charge" to the jury, as in the case of felony.
prohibition of a statute as to a matter of public concern is indictable as.a misdemeanour, even if the statute does not so describe it, unless the terms of the statute indicate that some other remedy alone is to be pursued.
arrest for misdemeanour may not be made without judicial authority except under specific statutory authority.
BOROUGH (A.S. nominative burh, dative byrig, which produces some of the place-names ending in bury, a sheltered or fortified place, the camp of refuge of a tribe, the stronghold of a chieftain; cf.
Feeds |
Contact