Defining Criminal Law

Criminal law is the study of crime and justice, especially in a legal context. The term “criminal law” is used in this sense to distinguish it from civil law, where both crime and civil litigation are dealt with. There are many overlapping fields of criminal law, including criminology, penology, and constitutional criminal theory. In common-law jurisdictions, a person who has committed an indictable offense can also be tried for some summary offenses. The prosecution of criminal offenses is conducted by the state, with trials taking place in a court.

An entire branch of criminal law is dedicated to offenses against the person, and a separate branch is dedicated to offenses against property. The study of criminal law includes commentaries on sentencing law. If a law has been passed, it is important for legal scholars to consider if the law is compatible with the Constitution of the United States. One presumption of constitutionality is that a law does not violate an explicit provision of the Constitution. If a criminal statute has been found to be unconstitutional, this may have serious consequences for those charged under it.

What Is Criminal Procedure?

Crimes are a violation of a criminal statute. They are divided into two major types: felonies and misdemeanors. Felonies are more serious offenses than misdemeanors, but both are classified as crimes. Felonies include capital murder, rape, arson, and armed robbery; most states also have laws against other felonies such as kidnapping, burglary, and even less serious offenses like possessing weapons with intent to unlawfully injure another person. Crimes that are punishable by death or imprisonment for a long period of time, such as murder, are felonies.

When a crime is committed, there are two types of proceedings that may take place: “prosecution” and “defense.” A prosecutor represents the state in criminal cases. She is the person who has to prove that a person committed an offense such as murder or theft in order to win a criminal conviction. A defense attorney represents the person accused of committing a crime. The lawyer’s job is to protect the rights of his client and prove that he or she did not commit the offense.

How Does Criminal Law Procedure Work?

Criminal law is often very complicated and can differ greatly from one jurisdiction to the next. Complicated procedures put in place by legislatures make the criminal justice process extremely lengthy. The wheels of justice turn slowly in criminal courts, and defendants are often held in jail while they await trial, sometimes for years. One reason for the delay is that criminal cases are extremely complex and are, therefore, difficult to try.

Criminal procedure is broken down into three main steps: “initiation,” “prosecution,” and “defense.” These steps or processes are also referred to as setting up the case, taking the evidence, and getting ready to make your defense. The initiation of a criminal prosecution begins when a person is charged with committing a crime. This step often involves the police investigation of the case, which includes interviewing all of those involved in an event or occurrence which leads to criminal charges being brought against them.

What Happens During a Criminal Trial?

Once the investigation of the crime is done and charges are brought against a person, he or she will be asked to have a preliminary hearing. At this time, the defense attorneys for both sides and the judge review evidence or statements made by witnesses who can help or harm their case. After a preliminary hearing has been held, a trial date will be set by the judge. This date can be months away from one another, so it would not be advisable to make plans to skip town during this waiting period. A defense attorney will work with his client to provide him with all available defenses and will make an effort to discover any mitigating factors which might be applied to the case of his client.

It is important for the defendant to prepare for his or her trial by working with a criminal law attorney on how they will present their defense. It may be possible that, in the meantime, information can be obtained which can prove useful at trial or even help in getting charges dropped.

What Kinds of Crimes Can Someone Be Convicted Of?

The main types of crimes are felonies and misdemeanors. Felonies are more serious offenses than misdemeanors, yet both are classified as crimes. Felonies include capital murder, rape, arson, and armed robbery; most states also have laws against other felonies such as kidnapping, burglary, and even less serious offenses like possessing weapons with intent to unlawfully injure another person. Crimes that are punishable by death or imprisonment for a long period of time, such as murder, are felonies. Misdemeanors are less serious offenses, punishable by less than a year in jail; they include petty theft, cruelty to animals, and disorderly conduct.

Conclusion:

Criminal law is a complex and fascinating subject that is mostly misunderstood by many people. Even if a person has no experience with both law enforcement and the criminal justice system, they can still be aware of the general rules that apply in everyday interactions between police officers and citizens. Knowing that different states have different laws dealing with a crime can help people understand the world they live in. The information provided above should be enough to help someone get their head around some of the important concepts related to criminal law. However, when your future is at stake, it is best to contact a legal professional for help.