Facts about Criminal Law
Criminal laws are also called penal laws. Criminal law is the body of statutory and common law dealing with crime and the legal punishment of legal offenses. Punishment, deterrence, incapacitation, and rehabilitation are the four theories of criminal justice system. 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. 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. The criminal laws and punishments are set up in a way that they act as restraints and help in the restraining behavior of the people.
First, criminal charges are filed, and then proceedings follow, and it takes place in a series of stages. It is the police who respond and take action to any citizen’s complaint lodged. The police will then investigate, write statements form different important witnesses after the get suspicious and from the findings they make a report. They can arrest people during the investigation. They may alternatively complete the report and submit it to the prosecutor’s office for evaluation. Although a suspect might be mentioned in a police report, it will be the prosecutor who will be authorized whether or not criminal charges will be filed against him. Among jurisdictions, the procedures for filling cases may vary.
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 suspect or the defendant may be arrested for a civil infraction or for a misdemeanor or also 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 process of criminal justice begins with an alleged crime. The police examine after the accusation that the accuser makes. The police act as agents of the government in this case. 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. 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. The criminal attorney ensures that you understand your rights with the police, your rights in the courtroom and your rights upon sentence.