Misdemeanors: The Icing On The Wedding Cake Model

The wedding-cake model of criminal justice, first proposed by Samuel Walker in the 1980s, is a framework for understanding how different types of cases move through the legal system. The model consists of four layers, with the bottom layer representing the most common and least severe offences, and the top layer representing a small number of celebrated cases that receive a disproportionate amount of media attention. The bottom layer of the wedding-cake model, which constitutes the largest portion, is made up primarily of misdemeanours and minor offences such as petty theft, disturbing the peace, and minor acts of vandalism. These cases are typically resolved through plea agreements and do not receive significant media coverage.

Petty theft

In California, the penalty for petty theft may include a term of up to six months in county jail, a fine of up to $1,000, or both a fine and imprisonment.

It's important to note that in certain states, such as California, a person with prior theft-related convictions can be charged with a felony under the "three strikes" law, which mandates a sentence of 25 years to life in prison for a third felony conviction.

Disturbing the peace

In California, disturbing the peace is a crime under three circumstances:

• Fighting or challenging someone to a fight in public
• Willfully disturbing someone with loud and unreasonable noise
• Using offensive words likely to provoke violence in public

Minor vandalism

The wedding cake model, first proposed by Samuel Walker in the 1980s, is a model of crime that consists of four layers. The lowest and largest tier of the model, which constitutes the fourth layer, consists of misdemeanours—minor offences rapidly processed by the courts with no publicity or fanfare. This includes minor acts of vandalism.

Juvenile vandalism occurs when the offender is younger than 18. In this case, the offender goes through the juvenile justice system. In the juvenile system, a prosecutor must show that vandalism occurred, but the way the offence is handled is very different from how an adult court would deal with it. A court can order a range of penalties as punishment, such as restitution to the property owner, fines, juvenile probation, community service, or diversion.

Public intoxication

The wedding cake model of criminal justice, developed by Samuel Walker, is a model that classifies crimes based on their nature and severity. The model consists of four layers, with the bottom layer representing misdemeanors, the second and third layers representing violent and non-violent felonies, and the top layer representing "celebrated cases".

The consequences of a public intoxication charge depend on the specific circumstances and the state in which the charge occurs. In most states, public intoxication is classified as a misdemeanor offense, with penalties ranging from fines to jail time, or both. For example, in Texas, public intoxication is a Class C misdemeanor, punishable by a fine of up to $250. In California, public intoxication is a misdemeanor, with potential penalties of up to six months in county jail, a fine of up to $1,000, or both.

It is important to note that the defense strategies and legal options for individuals facing public intoxication charges may vary depending on the specific circumstances and the state in which the charge is filed. Consulting with a legal professional is advisable to determine the most appropriate course of action.

Prostitution

In Texas, for example, prior to 2021, a first conviction for prostitution was classified as a Class B misdemeanour, punishable by up to 180 days in jail. Now, a first conviction for soliciting prostitution is a state jail felony, punishable by up to a $10,000 fine and two years in jail.

Under the wedding cake model of criminal justice, prostitution would fall under the bottom layer or the fourth tier, which consists primarily of misdemeanours, minor theft cases, and crimes against persons or property. These cases are usually resolved through plea agreements and are processed rapidly by the courts with minimal publicity or attention.

The Wedding Cake Model

The wedding cake model, first proposed by Samuel Walker in the 1980s, is a model of crime that consists of four layers or tiers, each representing different levels of severity and attention. The model is named after the classic shape of a wedding cake, with the largest layer at the bottom and the smallest layer at the top.

The bottom layer of the wedding cake model represents the least severe and most common offences, such as petty theft, disturbing the peace, and minor acts of vandalism. These cases are often resolved through plea agreements and are not widely publicised.

Impact of the Wedding Cake Model on Prostitution

The wedding cake model helps to provide insights into the criminal justice system and how different types of cases are prioritised and perceived. In the case of prostitution, the model highlights the fact that it is a common offence that is often processed quickly and without much media attention. However, as public perception and policies regarding prostitution and human trafficking evolve, the severity of prostitution charges and the resources allocated to these cases may change, potentially moving them to a higher tier in the wedding cake model.

Frequently asked questions