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65
Historical background:
The history of punishment.
For the most history punishment has been both painful and public in
order to act as deterrent to others. Physical punishments and public humilia-
tions were social events and carried out in most accessible parts of towns,
often on market days when the greater part of the population were present.
Justice had to be seen to be done.
A particularly harsh punishment is sometimes said to be draconian,
after Draco, the lawgiver of ancient Athens. Draco’s laws were shockingly
severe, so severe that they were said to have been written not in ink but in
blood. Under Draco’s code death was the penalty for almost all criminal of-
fences. But as the adjective Spartan still testifies, its wholly militarized rival
Sparta was the harshest a state of law can be on its own citizens.
Punishment is the practice of imposing something unpleasant on a
wrongdoer as a response to something unwanted that the wrongdoer has
done. In psychological terms this is known as "positive punishment".
"Negative punishment", on the other hand, is when something is removed
from or denied to the punishee. A prisoner, for example, is both positively
and negatively punished. He has an unpleasant thing imposed on him and
also his freedom is removed.
ASK THE LAWYER
QUESTION: What are possible punishments for felonies and misdemeanors?
ANSWER: Punishment is based off of this system, and can result in either
jail time, a fine, or both. The jail time for felonies is based off of their class
according to the following chart:
Min. Max.
For a class 2 felony 4 yrs 10 yrs
For a class 3 felony 2.5 yrs 7 yrs
For a class 4 felony 1.5 yrs 3 yrs
For a class 5 felony 9 months 2 yrs
For a class 6 felony 6 months 1.5 yrs
Misdemeanors are also given jail time in accordance with their class
according to the following chart
1. For a class 1 misdemeanor, six months.
2. For a class 2 misdemeanor, four months.
66
3. For a class 3 misdemeanor, thirty days.
Similarly, punishment for crimes consisting of fines are based off of
the seriousness of the crime, and are determined by the court at your hearing.
Our laws limit fines to certain amounts:
1. Felonies may not exceed a fine of $150,000
2. Class 1 misdemeanors may not exceed $2,500
3. Class 2 misdemeanors may not exceed $750
4. Class 3 misdemeanors may not exceed $500
Note:
Please note that the punishment for your crime depends on your
criminal record, or whether you've committed any crimes in the past. If you
have a clean record [no crimes in your past] then you'll get an easier sen-
tence. If you have a record [there are crimes in your past] then you'll likely
get a more serious sentence.
Another important difference between a felony and a misdemeanor
conviction is the impact that they will have on a person's future. When that
person makes it out of jail and tries to get a job, a felony conviction will
likely continue to haunt the criminal. Most employers want to know about
all felony convictions – so if you are ever convicted of any felony, you
would have to tell your employer. If you had just a misdemeanor, you would
have some more privacy in this respect.
IV. FOCUS ON READING
Read the text …
L
Types of punishments
This is just a typology with some well-known examples. For a more
exhaustive traetment follow the links, and for a more extensive list, use the
category: punishments.
Judicial and similar, i.e. for crimes
• Socio-economical punishments:
• fines or loss of income
• confiscation
• demotion, suspension or expulsion (especially in a strict hier-
archy, such as military or clergy)
• restriction or loss of civic and other rights, in the extreme
even civil death
Historical background: 3. For a class 3 misdemeanor, thirty days.
Similarly, punishment for crimes consisting of fines are based off of
The history of punishment.
the seriousness of the crime, and are determined by the court at your hearing.
For the most history punishment has been both painful and public in
Our laws limit fines to certain amounts:
order to act as deterrent to others. Physical punishments and public humilia-
1. Felonies may not exceed a fine of $150,000
tions were social events and carried out in most accessible parts of towns,
2. Class 1 misdemeanors may not exceed $2,500
often on market days when the greater part of the population were present.
3. Class 2 misdemeanors may not exceed $750
Justice had to be seen to be done.
4. Class 3 misdemeanors may not exceed $500
A particularly harsh punishment is sometimes said to be draconian,
Note:
after Draco, the lawgiver of ancient Athens. Draco’s laws were shockingly
Please note that the punishment for your crime depends on your
severe, so severe that they were said to have been written not in ink but in
criminal record, or whether you've committed any crimes in the past. If you
blood. Under Draco’s code death was the penalty for almost all criminal of-
have a clean record [no crimes in your past] then you'll get an easier sen-
fences. But as the adjective Spartan still testifies, its wholly militarized rival
tence. If you have a record [there are crimes in your past] then you'll likely
Sparta was the harshest a state of law can be on its own citizens.
get a more serious sentence.
Punishment is the practice of imposing something unpleasant on a
Another important difference between a felony and a misdemeanor
wrongdoer as a response to something unwanted that the wrongdoer has
conviction is the impact that they will have on a person's future. When that
done. In psychological terms this is known as "positive punishment".
person makes it out of jail and tries to get a job, a felony conviction will
"Negative punishment", on the other hand, is when something is removed
likely continue to haunt the criminal. Most employers want to know about
from or denied to the punishee. A prisoner, for example, is both positively
all felony convictions – so if you are ever convicted of any felony, you
and negatively punished. He has an unpleasant thing imposed on him and
would have to tell your employer. If you had just a misdemeanor, you would
also his freedom is removed.
have some more privacy in this respect.
IV. FOCUS ON READING
ASK THE LAWYER
Read the text …
QUESTION: What are possible punishments for felonies and misdemeanors?
ANSWER: Punishment is based off of this system, and can result in either L Types of punishments
jail time, a fine, or both. The jail time for felonies is based off of their class This is just a typology with some well-known examples. For a more
according to the following chart: exhaustive traetment follow the links, and for a more extensive list, use the
Min. Max. category: punishments.
For a class 2 felony 4 yrs 10 yrs Judicial and similar, i.e. for crimes
For a class 3 felony 2.5 yrs 7 yrs • Socio-economical punishments:
For a class 4 felony 1.5 yrs 3 yrs • fines or loss of income
For a class 5 felony 9 months 2 yrs • confiscation
For a class 6 felony 6 months 1.5 yrs • demotion, suspension or expulsion (especially in a strict hier-
archy, such as military or clergy)
Misdemeanors are also given jail time in accordance with their class • restriction or loss of civic and other rights, in the extreme
according to the following chart even civil death
1. For a class 1 misdemeanor, six months.
2. For a class 2 misdemeanor, four months.
65 66
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