What is a common law crime?
Common Law and the crimes related to them are solely court and judge generated. Over the course of many years judges have set rules of conduct and violations of decent human behavior through their holdings and adjucations. In order to commit a common law violation or offense, these ‘laws’ must be recognized as valid standards in the jurisdiction one is cited in.
Violation Of Constitution?
In the 1700′s the courts had the ability and power to not only define what the law was, but generate new laws. These laws came to be known as the Common Laws. By the early 1800′s dissension increased as to the validity of these laws. Many argued that the Common Law violated the basic mandates of separation of powers. Only Congress was to make law, the judiciary was solely to apply and interpret it.
Adaptation Of Common Law
Jurisdictions rarely refer to the common law anymore. The legislature has gone about adopting many of these judiciary based laws as legal statutes. What this means is that the common law has been the basis for many of the penal codes and civil codes that are now on the legal record. For this reason, it is rare for an individual to be charged with a common law offense.
Some Common Law Crimes
While the name has changed, many of the offenses remain the same. Some such offenses are bestiality, sodomy, and oral sex. Hate crimes , anticipatory crimes, and infamous crimes are also included in this sector. Infamous crimes include treason, any felony offense, forgery, and perjury, to name a few. One could expect to serve a term of imprisonment for them.