AJ 4 Lecture Notes - Lecture 2: Actus Reus, Burglary, Misdemeanor

• School: Irvine Valley College
• Department: Administration of Justice
• Course: AJ 4
• Professor: Watkins

Document Summary

The distinction between felonies and misdemeanors is based primarily on the degree of seriousness. Black"s law defines the two terms as: a felony is a crime of a graver or more atrocious nature than those designated as misdemeanors. Generally it is an offense punishable by death or imprisonment in a penitentiary. A misdemeanor is lower than a felony and is generally punishable by fine or imprisonment otherwise than in a penitentiary. In the former method, the place of imprisonment is critical, in the latter; the length of the prison sentence distinguishes a felony. All common-law crime contains both mental and physical elements. For example in order to commit the crime of armed burglary offenders must willfully enter a dwelling, be armed or arm themselves after entering the house, and knowingly and intentional commit the crime. Actus reus: an illegal act, or failure to act when legally required.