Criminal Law and Procedure Assignment Help

Criminal Law and Procedure:

Criminal law:

It is a branch of law that concerns with crimes which are committed against the public authority. It is different from civil law that involves crimes people commit against each other, not essentially against the public as a whole.  For example, Murder is criminal matter because, although there is a specific victim, generally murder runs against the interests of the public. Contritely, if someone fails to honor a contract, it is a matter for civil law. Criminal law governs crimes, by including misdemeanors and felonies.

Substantive criminal law deals along with the definitions of several crimes that are covered by the criminal code, whereas procedural law is concerned along with the prosecution of said crimes. Procedural law might also include sentencing recommendations which are designed to be utilized in the event that a victim is convicted of committing a crime. Under several criminal codes, convictions might only be obtained while the prosecution proves beyond a sensible doubt that the accused did indeed commit the crime.

Three broad kinds of crimes appear in the criminal code: felonies, misdemeanors, and treason. Treason is of specific concern since it not only violates the public interest, but also threatens national security & the welfare of the nation itself, that is why treason is accompanied along such severe penalties. Misdemeanors are comparatively minor crimes, whereas felonies are more serious crimes which might accompanied along with severe mandatory sentences.

In each nation, the ideal is to deter criminals from committing acts that break the interests of the public or the nation, and deterrence is a main feature of the criminal code. Given that decreasing the crime rate to zero is unlikely, the code also deals along with the proper containment & management of criminals, by including rehabilitation of people who commit criminal acts. For some form of punishment measures are also a key part of the law, warning people who regard as engaging in criminal activity that their actions have consequences, and for some kind of crime, restitution to victims and their families might also be built into the law.

Criminal law, also known as penal law is used all over the world to establish fundamental codes of conduct for citizens and as the basis of a legal system. Some of the lawyers specialize in criminal matters, whether they are defenders or prosecutors, and this type of law also lays the groundwork that let police forces, courts, & other aspects of the legal system to function.

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Criminal Procedure:

It involves a set of rules through which a government enforces criminal laws. In the US, the federal government, states & municipalities each have respective criminal codes about what does and does not constitute a crime. The whole criminal procedure includes arraignment, booking, bail, punishment, a trial, sentencing, a preliminary hearing and appeal.

While it has been determined that crimes have been committed, suspect get arrested. The accuse person begins the criminal process by undergoing the booking procedure. Administrative information is collected from him or her during this process. This information, which is utilized for legal purposes, usually documents the crime that the person is modified with. Usually other information is also gathered, such as the fingerprints, telephone number, name, age, and address of the accused.

Once the booking has been done, the next step in criminal process is to schedule a date for arraignment. The accused appears in court and enters a "not guilty" or "guilty" plea during arraignment. A trial date will be fixed if the accused pleas that he or she is "not guilty."

Usually setting bail is an important part of the criminal procedure process. Along with a trial date set, the accused might be released on bail that is a certain amount of money. The amount typically based on the crime which was committed. The more serious the crime, the larger the bail amount will be, or bail might be revoked altogether. Some of the people remain in jail till their trial date.

Before the real trial, a preliminary hearing is frequently given for the accused. The presiding judge at the hearing finds out whether or not the person should in fact have a trial. Usually Prosecutors ought to provide the judge with sufficient evidence against the accused to build a case that can go to trial. If the prosecutors do not seem with sufficient evidence, then the judge usually has the right to forgo a trial and decide another disciplinary process for the accused, like probation.

In a criminal procedure the trial generally contains opening statements, evidence and witness testimonies. Usually all this information is brought before a jury, who then find out a verdict.

If the accused is found guilty, he or she then is sentenced, or given a punishment accordingly. This punishment might include fines, community service or imprisonment.

Usually Criminal procedure let the accused the right to appeal their sentence. In several cases, an appeal might only be allowed on certain grounds, such like new evidence coming to light or misconduct on the part of a trial participant. Such a condition would then need another court date to be set.

What Does a Criminal Lawyer Do?

Also known as a criminal defense lawyer, a criminal lawyer helps to protect persons and entities under investigation or accused of a crime. According to the United States Constitution, defendants are blameless till proven guilty. A criminal lawyer investigates the case and helps in recognizing ways to introduce doubt into the question of a defendant's guilt. Depends on the evidence and facts, the lawyer will develop a strategy, create a case and recognize defenses to help prove the client's mitigate or innocence his sentence.

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