CJ 100 Lecture Notes - Lecture 13: Ron Goldman, Misdemeanor, Wrongful Death Claim
Definitions of Crime
Criminologist Paul Tappan defines crime as “an intentional act or omission in violation of
criminal law …, committed without defense or justification, and sanctioned by the state as a
felony or misdemeanor.”
Misdemeanors and felonies
Possible punishments determine the differences between misdemeanors and
felonies. Misdemeanors are nonserious, minor crimes that the government punishes by
confinement in a local jail for a year or less. Examples include petty theft, simple
assault, disorderly conduct, and disturbing the peace. Felonies are serious crimes that
the government punishes by death or incarceration in a prison for at least a year. This
group includes such crimes as murder, rape, robbery, and burglary.
Crimes versus torts
A crime, or public wrong, is to be distinguished from a tort, or private wrong. Actually,
the same act may be both a crime and a tort. For example, O. J. Simpson's alleged
killings of Nicole Simpson and Ron Goldman included the torts of assault, battery, and
wrongful death. Simpson's alleged acts gave rise to both a criminal prosecution
(seeking punishment) and a civil suit for damages.
State and federal crimes
A notable difference between state and federal crimes is that federal crimes usually
include a jurisdictional element. Jurisdiction refers to the geographic or substantive
range of a court's authority. The U.S. Code, for example, doesn't punish theft itself. It
punishes theft from an interstate shipment or theft of government property. Federal
statutes exhibit a concern for jurisdiction because the Constitution limits Congress to
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Document Summary
Criminologist paul tappan defines crime as an intentional act or omission in violation of criminal law , committed without defense or justification, and sanctioned by the state as a felony or misdemeanor. Possible punishments determine the differences between misdemeanors and felonies. Misdemeanors are nonserious, minor crimes that the government punishes by confinement in a local jail for a year or less. Examples include petty theft, simple assault, disorderly conduct, and disturbing the peace. Felonies are serious crimes that the government punishes by death or incarceration in a prison for at least a year. This group includes such crimes as murder, rape, robbery, and burglary. A crime, or public wrong, is to be distinguished from a tort, or private wrong. Actually, the same act may be both a crime and a tort. For example, o. j. simpson"s alleged killings of nicole simpson and ron goldman included the torts of assault, battery, and wrongful death.
