Course: Introduction / Corrections
The term violation has several uses in the criminal justice system, depending on context:
1. Performing an act (or omission) forbidden by statute.
2. Performing an act in violation of a local ordinance.
3. A category of offense punishable by a fine but not by incarceration.
4. Performing an act prohibited by the conditions of probation or parole.
The term violation has multiple meanings within the criminal justice system, depending on the context in which it is used. This term is often used to describe various types of criminal offenses, including those that are punishable by fine or probation rather than incarceration.
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- Performing an act (or omission) forbidden by statute
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The most common use of the term violation within the criminal justice system is to describe an act or omission that is forbidden by statute. This includes any behavior that is deemed illegal by state or federal law, such as theft, assault, or drug possession. Violations of these laws can result in criminal charges, which may be punishable by incarceration, fines, or other penalties.
When a person is accused of violating a criminal statute, the burden of proof falls on the prosecution to prove the case beyond a reasonable doubt. This means that the prosecutor must present sufficient evidence to convince a judge or jury that the defendant committed the crime in question. If the prosecution is successful, the defendant may be found guilty of the offense and sentenced accordingly.
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- Performing an act in violation of a local ordinance
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Another use of the term “violation” within the criminal justice system is to describe an act that is in violation of a local ordinance. These are laws that are passed by local governments, such as cities or counties, and may cover a wide range of activities, including noise pollution, parking violations, and public intoxication. Violations of local ordinances are typically punishable by fines or other penalties but may not result in incarceration.
Unlike criminal statutes, local ordinances are not typically enforced by state or federal law enforcement agencies. Instead, they are enforced by local police departments or other local agencies. If a person is accused of violating a local ordinance, they may be issued a citation or summons and required to appear in court to face the charges.
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- A category of offense punishable by a fine but not by incarceration
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In some cases, the term “violation” may be used to describe a specific category of offense that is punishable by a fine but not by incarceration. These offenses are typically considered less serious than misdemeanors or felonies and may include things like traffic violations, public nuisances, or minor drug offenses.
Because violations are typically less serious than other types of criminal offenses, they may be handled differently by the criminal justice system. For example, a person accused of a violation may not be entitled to a trial by jury and may have fewer legal protections than a person accused of a more serious crime.
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- Performing an act prohibited by the conditions of probation or parole
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Finally, the term “violation” may be used to describe an act that is prohibited by the conditions of probation or parole. These are terms of release that are imposed by a judge or parole board and may include requirements such as drug testing, curfews, or community service. If a person violates one of these conditions, they may be subject to additional penalties, including incarceration or other sanctions.
When a person is accused of violating the conditions of probation or parole, the burden of proof is typically lower than in a criminal trial. This means that the prosecution may only need to prove that the defendant violated the terms of their release by a preponderance of the evidence rather than beyond a reasonable doubt.
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Last Modified: 04/05/2023