Reference no: EM133835558

Question

The difference between a misdemeanor and a felony is not always clear-cut from state to state. For example, a traffic violation, domestic violence, simple assault, drug possession, prostitution, theft, tress pass and vandalism are all crimes that could be considered a misdemeanor offense in one state and a felony in another.

In general, it is fair to say that a misdemeanor can be defined by the maximum length of time a person can be incarcerated for the crime, usually no more than one year. Crimes with a minimum jail time of over a year are usually felonies. Moreover, one can say that any crime not a felony, is by nature a misdemeanor. Of course, a felony conviction causes more serious long term consequences for an offender.

The reason states vary is because the author's of the U.S. Constitution had to permit states to retain significant authority over their own affairs in order to insure that the citizens of the various states would agree to ratify the new constitution. Because the fragmentation within the system serves certain political interests, there is always resistance to reform efforts that may unify organizations within the justice system. That said should the federal government insist that states become more uniform with regard to the definition and enforcement of laws? Would states resist efforts to take away their local control? Why or why not?