Felony Essay ⋆ Essays on Controversial Topics ⋆ EssayEmpire

A felony, in contrast to a misdemeanor, is a more serious and harmful offense to society. Rooted in common-law tradition, felonies in most states are offenses punishable by imprisonment for one or more years or death. Misdemeanor offenders receive sentences for less than a year and serve their time in local jails. However, the same offense can be either a felony or a misdemeanor, depending on the degree of harm, potential danger to society posed by the offender, number of times an offender commits the same offense, or amount of property stolen.

Felony convictions first appeared in England in the 12th century and, following common-law practice, led to forfeiture of assets or death. The United States remains the only major common-law nation making a distinction between a felony and a misdemeanor. Other English-speaking countries distinguish between a petty crime (not requiring an indictment or jury) and an indictable offense (requiring a jury).

Most U.S. jurisdictions impose felony penalties based on the gravity of the offense, as stipulated in federal criminal law statutes or state penal codes, vehicle codes, and health and safety codes. The list of felonies is extensive, ranging from theft to drug possession to computer crimes to murder. The underlying rationale of classification schemes is that felonies are intentional, purposeful acts with multiple elements of harm, danger, and severity. Yet little research examines the role of felony classifications in punishment philosophy and practice.

Unlike other crimes, felonies receive differential treatment, both substantively and procedurally. Offenses like burglary require intent to commit a felony as a critical element in their definitions. Crime classifications can change if accompanied with a felony. The most controversial and widely debated example is the felony-murder rule whereby a death, even if accidentally occurring during the commission of a felony, is treated as murder. Many argue this rule disregards intent and contradicts mens rea (literally “guilty mind”), which is at the heart of criminal law. Multiple convictions for nonfelony offenses can also become felony offenses under state “three strikes” laws popularized in the 1990s.

Guided by court rulings and interpretations, law enforcement agents can use deadly force in arresting felons and may even arrest felons without a warrant if there is probable cause. Due process considerations are critical in felony cases and guide policy and practice, often requiring a preliminary hearing and sometimes a grand jury indictment.

The implications and consequences of definitional, substantive, procedural, and conviction decisions are numerous, including loss of voting rights, disqualification from holding public office, and prohibition against serving on juries or in the military, practicing law and some other professions, and owning firearms. Civil rights activists challenge this disenfranchisement of convicted felons, citing its anti-democratic character. The stigma and resulting deprivations and life-altering consequences associated with a felony conviction are difficult to overcome, prompting debate in research and policy circles about recidivism (relapse into criminal behavior) and societal reintegration. The charging and transferring of violent juvenile offenders to adult felony courts is another current controversial issue.

Bibliography:

Manza, Jeff and Christopher Uggen. 2006. Locked Out: Felon Disenfranchisement and American Democracy. Oxford, England: Oxford University Press.
Simon, Jonathan. 2007. Governing through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear. New York: Oxford University Press.

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