What You Should Know about Criminal Law
Criminal laws is also referred to as penal law Penal law is a branch of statutory and common law which handles crime and the criminal punishment of legal offenses. 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. The objective of criminal law is to exercise social control. It aims at discouraging behavior that is unfavorable to the wellbeing of the society as well as behavior that test the government’s 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. It is the police who respond and take action to any citizen’s complaint lodged. The police may additionally be suspicious, and if it happens, they check out, records statements from different crucial witnesses and from the findings they 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 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 provide higher discretionary powers to the state agencies in charging defendants with certain crimes. The others are there to give more and higher powers on 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. The police may be arresting a person while alongside recommending a specific charge although criminal charges are usually chosen solely by the prosecutor’s office.
The process of criminal justice begins with an alleged crime. Allegation that the complainant makes is what the police investigation on. The police in this criminal law cases should work as representatives 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. Interests of the state are represented by a prosecuting lawyer. The benefits of the defendant are represented by the defense attorney or by the defendant acting as his or her attorney. Irrespective of local laws that might be followed by mandatory or discretionary appeals to higher courts, the procedure ends with a bench trial. The criminal attorney ensures that you understand your rights with the police, your rights in the courtroom and your rights upon sentence.