Duncan v. Louisiana - Felonies And Misdemeanors

Most types of crime lend themselves to easy analysis as to whether they are felonies or misdemeanors: public drunkenness is a misdemeanor, rape is a felony; vandalism is a misdemeanor, murder a felony. Given their greater seriousness, the number of types of felony is smaller than that for misdemeanors, and indeed the federal government and most states classify as misdemeanors any crimes which are not felonies.

Rather than by the types of crimes which fall under each heading, misdemeanors and felonies are defined by the processes and penalties which attend each. In terms of penalties, length and type of incarceration are the primary factors separating the two. A misdemeanor can be punishable by fine, or by incarceration for a period less than a year. Likewise the place of incarceration--jail for the former, prison for the latter--also separates misdemeanors from felonies. As for process, all accused felons have a right to trial by jury, whereas the Supreme Court found in Baldwin v. New York (1970) that only misdemeanants accused of crimes which carry a sentence of six months or more enjoy the same right.