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 centered on the four theories of the criminal justice structure which are 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. Police the respond by taking action to any lodged that is complained by a citizen. 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. During investigation process, they could be forced to arrest some people. For evaluation, they submit a report after completion to the prosecutor’s office. It is the prosecutor who will be authorized whether or not criminal charges will be filed against any suspect mentioned in the police report. The procedure res for filing charges, however, vary among jurisdictions.
Some jurisdictions give greater discretionary powers to the police in charging defendants with specific crimes. In regard to the prosecutor, other jurisdictions are there to provide them with higher powers. After being stopped by the police, the person concerned or the defendant may be arrested for a civil infraction or may arrested for a misdemeanor or even be arrested for a felony. 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.
The procedure of criminal justice starts off with an alleged offense. The police investigate upon the allegation that the complainant makes. The police in this criminal law cases should work as representatives of the government. The grand jury brings a complaint or an accusation, or even a formal charging document is filed in a court in the appropriate 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 process culminates with a bench trial regardless of local laws that may be followed by mandatory or discretionary appeals to higher courts. The criminal attorney ensures that you understand your rights with the police, your rights in the courtroom and your rights upon sentence.