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重罪(Felony)与轻罪(Misdemeanor)的区别

分类: 法律英语 
英国1967年刑法条例已废除misdemeanour和felony之间的一切区别,但是在美国,这两者还是有区别的,下面就让我们来看看区别在哪里。

Most states in USA divide their crimes into two major groups —— felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, the crime is usually considered a felony. If the potential punishment is for a year or less, then the act is considered a misdemeanor. In some states, certain crimes, called "wobblers," may be either a misdemeanor or a felony, because the judge has the power to impose a sentence of less than a year (making the crime a misdemeanor) or more than a year (making it a felony)。

Behaviors punishable only by fine are usually not considered crimes at all, but infractions —— traffic tickets, for example. But a legislature may on occasion punish behavior only by fine and still provide that it is a misdemeanor, such as possession of less than an ounce of marijuana for personal use in California.

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