Tips on Criminal Law
Criminal laws are also called penal laws. The body of statutory and common law that deals with crime and legal punishment of legal offenses is called criminal law. It is based on the four theories of the criminal justice system namely, punishment, deterrence, incapacitation, and rehabilitation. Justice and peaceable social order is attained after all the imposition of sanctions about the crime. Building social control is the main objective of criminal law. Discouraging behavior that is unfavourable to the wellbeing of the society as well as behavior that test government’s authority and legitimacy is the primary role of criminal law. Criminal laws help in restraining behavior of the people and hence they are created in a way to act as restraints.
Criminal proceedings take place in a series of stages after criminal charges are filed. It is the police who respond and take action to any citizen’s complaint lodged. The police may also feel suspicious, and in such case, they investigate, take down statements from various essential witnesses and based on the findings make a report. They could arrest some suspects during the investigation. For evaluation, they submit a report after completion to the prosecutor’s office. It will be the prosecutor who will be deciding whether or not criminal charges will be filed against any suspect named in the police report. The process for filing criminal offenses may be different amongst jurisdictions.
Some jurisdictions give greater discretionary powers to the police in charging defendants with specific crimes. Others are there to provide higher powers in this regard to the prosecutor. The person concerned or the defendant may be arrested for a civil infraction, for a misdemeanor, or even for a felony after being stopped by the police. It might the police arresting someone while also recommending a certain charge even though criminal charges are normally selected solely by means of the prosecutor’s office.
Alleged crime will begin the process of criminal justice. Allegation that the complainant makes is what the police investigation on. The police act as agents of the government in this case. The grand jury reports a complaint or an allegation, or maybe a formal charging report is filed in a courtroom in the right jurisdiction. A prosecuting attorney represents the interests of the state. The benefits of the defendant are represented by the defense attorney or by the defendant acting as his or her attorney. The procedure ends with a bench trial irrespective of local laws that can be followed by using mandatory or open appeals to higher courts. You are made aware of your rights with the police, your rights in the courtroom and your rights upon sentence by the criminal lawyer.