Tuesday, September 22, 2009

First Comes Insanity then Comes a Felony with a Misdemeanor on Top



The below is a statute in Vermont for arson:

§ 502. First degree arson

A person who willfully and maliciously sets fire to or burns or causes to be burned, or who wilfully and maliciously aids, counsels or procures the burning of any dwelling house, whether occupied, unoccupied or vacant, or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging, or adjoining thereto, whether the property of himself or of another, shall be guilty of arson in the first degree, and shall be imprisoned not more than ten years nor less than two years or fined not more than $2,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

The above is the Vermont statute in comparison to the book definition which is pretty similar , yet the statute goes more in the depth than the books definition.

Books definition:Intentionally burning of a building, home, or other property of another.

The following is a statute of Vermont regarding cruelty to children.

§ 1304. Cruelty to children under ten by one over sixteen

A person over the age of sixteen years, having the custody, charge or care of a child under ten years of age, who willfully assaults, ill treats, neglects or abandons or exposes such child, or causes or procures such child to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner to cause such child unnecessary suffering, or to endanger his health, shall be imprisoned not more than two years or fined not more than $500.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15.)

The above states the statute for Vermont for the misdemeanor for child cruelty, whereas the book makes no mention of.
Felony is crime punishable by prison sentence versus a county jail sentence.

Arson- Arson is the criminal act of intentionally burning a building, house or structure. If a death is the resulting action from arson it is considered a felony-murder in most states. An example of the felony arson is when two home owners torched their home in order to collect insurance money.

Misdemeanor is a crime punishable by jail time for 1 year or less this crime is also punishable by a fine.

Cruelty: Cruelty to children which is also known as child abuse which encompasses mental and physical battering and abuse, as defined by statutes in a majority of jurisdictions. An example of this type of misdemeanor is paernts in Newport,VT allowed their 13-month old son to ingest illegal drugs. These drugs were methadone and amphetamines in these were the drugs the father of the little had been taking for pain. These parents were charged with misdemeanor
cruelty.

ARE YOU INSANE???

Every state has an insanity test that is used to show or prove that someone is insane. There are four different types of insanity test that are used in America and they are all used in different ways. In the state of Vermont the A.I.L. or Model Penal Code is used to state if someone is insane or not. The Model Penal Code works by stating “a person is not responsible for a criminal conduct if at a time of such conduct as result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law." (United States v. Brawner) If a defendant is found to be insane he or she is not responsible for their actions and their treatment is up to them whether they want to take it or not.




Vermont's IC3crime report states that 366 compliats were receivedin 2007. Of those 366 complaints they were broke down into 9 different catogories. The nine categories were Auction Fraud 39.2%, Non Delivery of Merchandise 22.7%, credit card fraud 10.2%, Confidence Fraud 6.8 %, Financial Institutions Fraud 4.5%, Check Fraud 4.0%, Threat 2.3%, Identity Theft 2.3%, Computer Fraud 1.7%, and Nigerian Letter Fraud 1.1%. As you can see there is alot of crime complaints in Vermont. This report also tells us the amonunt of Monetary Loss. This internet crime report states that "the top dollar loss complaint invovled confidence fraud and totaled $100,000.00 while reported losses through the stae exceeded $320,00.00." The amount lost by Indviduals for reporting the Monetary Loss was the most shocking. The median dollar loss for all of the complainst was $350.00. THe 2007 crime report also gives the percentage of the perpetrator characteristics by if they were male or femal. 75.7% of the perps were male. The other 24.3% was of course women. Vermont's complaint characteristics were broken down into gender as well. 53.3% were male and 46.7% were females. The complaint demographics were broken down into 6 different age groups. After veiwing the chart you can see that the age group 50-59 made the most complaints with the percentage being 24.3%. Under 20 had the least complaints with 3.6%. Even though 30-39 age group only made 21.6% complaint they had the most money lost. With the total being $680.00. While the group wiht the most complaints only lost $327.54.








RESOURCES


(n.d.). The Vermont Legislature. Retrieved from




Siegal, L.J. ( 2008). Introduction to criminal justice. Belmont,CA: Wadsworth.
The National White Collar Crime Center, Bureau of Justice Assistance. (2007). IC3 2007 Retrieved from http://www.ic3.gov/media/annualreport/2007/Vermont%202007%20Report.pdf


Table 38, The Defense of Insanity: Standards and Procedures, State Court Organization, 1998; U.S. Department of Justice, Bureau of Justice Statistics (June, 2000).

Robinson, Paul (1999). Table 38, The Defense of Insanity: Standards and Procedures, State Court Organization, 1998; U.S. Department of Justice, Bureau of Justice Statistics (June, 2000).. Retrieved from http://www.law.upenn.edu/fac/phrobins/intromodpencode.pdf


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