Even if nothing is stolen in a burglary, the act is a statutory offense
2d 44 (Florida statutory offense
of robbery embraces the common law rule that "the violence or intimidation [that is an element of the offense] must precede or be contemporaneous with the taking of the property"; although phrase "in the course of committing a robbery," as defined in [sections] 812.
66 (1970), the Court held for the first time that a statutory offense having a maximum penalty exceeding six months' imprisonment automatically triggers the Sixth Amendment right to jury trial.
at 625 ("[T]his Court has refused to foreclose consideration of the severity of the penalty as an element to be considered in determining whether a statutory offense, in other respects trivial and not a crime at common law, must be deemed so serious as to be comparable with common law crimes, and thus to entitle the accused to the benefit of a jury trial prescribed by the Constitution.
Even if legislatures did not provide enhanced penalties for "serious" sets of petty offenses, the rule in Codispoti would be inapposite for multiple statutory offenses because some indication of community preferences exists in the maximum penalty for each offense.
(no force used--victim under age of consent) are excluded.
Minnesota, (8) state guidelines systems rank statutory offenses
in Osaka Prefecture rose 40% from 1996 to 250,000 in 2000, the group says in the proposal.
150) Given this context, Justice Breyer found it entirely plausible that "Congress might indeed have expected that the Commission would read the career offender subsection to refer to statutory offenses
plus conduct-based [sentence] enhancements alone (without recidivism-based sentence enhancements).
For all their similarity with other statutory offenses, crimes of failing do display some special features.
The act requirement remains intact, without exception, even though we sometimes punish commission by omission and statutory offenses of failing to act.
In addition to this nodding recognition to the common law offense of misprision, Virginia has the usual assortment of statutory offenses
for obstructing justice, (15) giving false reports to police, (16) and compounding offenses, (17) none of which would usually apply to a psychotherapist's failure to report his patient's past criminal activity.
To make this scheme work, legislatures should simplify the thicket of duplicative statutory offenses, minima, and maxima--not the venerable gradations set up by the common law, such as the ancient distinction between murder and manslaughter, but the fine and somewhat arbitrary distinctions drawn by thousands of modern statutes.
10 (1970) (bemoaning the move from a few distinct categories of offenses at common law to the recent "extraordinary proliferation of overlapping and related statutory offenses, [which has allowed] prosecutors to spin out a startlingly numerous series of offenses from a single alleged criminal transaction"); see also Albert W.