Common Law & State Statute

Topics: Crime, Prison, Law Pages: 2 (736 words) Published: May 5, 2008
Common law crimes adopted into state codes from one major source of the substantive criminal law today. Under common law, crimes had a general meaning, and every one basically understood the definitions of such actions as murder, larceny and rape. Today, statutes enacted by state and federal legislative bodies have built on these common law meaning and often contain more detailed and specific definitions of the crime. Statutes, in which the criminal law is created, modified or expunged. The coast of what is now Massachusetts was probably skirted by Norsemen in the 11th cent., and Europeans of various nationalities (but mostly English) sailed offshore in the late 16th and early 17th cent. Settlement began when the Pilgrims arrived on the Mayflower and landed (1620) at a point they named Plymouth. Massachusetts State Statute on rape is divided into 3 major sections. One is Rape, the other is Rape of child under 16 and the last is Assault with intent to rape. The crime of Rape in the state of Massachusetts has no classification as far as if it’s a felony (An offense, as murder or burglary) or misdemeanor (An offense defined as less serious than a felony). The penalties in the state of Massachusetts for the crime of a rape is a State prison sentence of life in prison or sentenced to any term of years if committed by force or threat and results in serious injury. The crime of rape in the state of Massachusetts also has a penalty of a state prison sentence not to exceed 20 years if committing the crime of rape by force or by threat, if it’s a second offense of rape then the penalty could be punishable with life or any term. If the crime of rape in the state of Massachusetts is committed with a firearm, then a 10 year minimum prison sentence will be granted to the guilty. If the crime of rap is the Second offense then the penalty of 15 years to life will be awarded to the guilty. The crime of Rape of a child under the age of 16 in the state of Massachusetts once...

References: Senna, J. J., Siegel, L. J. (1999). Introduction to Criminal Justice 8th ed. Albany,
Bohm, R. M., Haley K. N. (2005). Introduction to Criminal Justice 4th ed. New York:
McGraw Hill.
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