What You Should Know about Criminal Law
Criminal laws is also referred to as penal law Criminal law is the body of statutory and common law dealing with crime and the legal punishment of legal offenses. It is based on the four theories of the criminal justice system namely, punishment, deterrence, incapacitation, and rehabilitation. All this imposition of sanctions concerning the crime is to achieve justice and peaceable social order. The goal of criminal law is to build social control. It’s purpose is to stop behavior that is damaging to the wellbeing of the society as well as behavior that tries the state authority and legitimacy. Criminal laws help in restraining behavior of the people and hence they are created in a way to act as restraints.
The criminal charges are filed, and the criminal proceedings take place in a series of stages. 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. They’ll as an alternative finish the report and forward it to the prosecutor’s office for assessment. 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. Among jurisdictions, the procedures for filling cases may vary.
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. 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.
Alleged crime will begin the process of criminal justice. Allegation that the complainant makes is what the police investigation on. The police, in this case, act as the agent of the government. A formal charging report is filed in a court in the right jurisdiction, or even a grand jury reports a complaint or an allegation. A prosecuting lawyer will represent the interests of the government. Defense lawyer or defendant act also a lawyer to represent his interests. The process culminates with a bench trial regardless of local laws that may be followed by mandatory or discretionary 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.